This court dismissed a writ petition seeking to quash an order cancelling the petitioner's temporary school adjustment, holding that adjustment is an administrative decision not requiring judicial interference.
Writ petition dismissed; adjustment cancellation remains valid.
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WPSS No.778 of 2020 Hon’ble Lok Pal Singh, J.
Mr. P.C. Petshali, Advocate for the petitioner.
Mr. Pooran Singh Bisht, Standing Counsel along with Mr. Akshay Latwal, Brief Holder for the State.
By means of present writ petition, petitioner seeks to quash the order dated 04.07.2020 passed by respondent no.5 (Annexure-5) so far it relates to the petitioner. The case of the petitioner is that she was appointed on the post of Assistant Teacher, Government Primary School Dhapla, District Nainital on 25.09.1996. Thereafter, she was posted at Assistant Teacher (Hindi) at Government High Secondary School, Guladia, District Udham Singh Nagar. Because the teachers were in excess in the said school, she was adjusted to Government Higher Secondary School, Navin, District Udham Singh Nagar on the vacant post on temporary arrangement. However, as there were two teachers for the same subject in the said school, adjustment order qua the petitioner was cancelled by order dated 26.11.2019 passed by respondent no.5 and she was transferred to Government Higher Secondary School, Garhi Indrajeet, District Udham Singh Nagar, on the vacant post, as a temporary arrangement. Pursuant to order dated 26.11.2019, petitioner joined his services at the transferred place of posting. Thereafter, an order was passed by respondent no.5 on 23.03.2020 whereby the services of the petitioner at the transferred place of posting i.e. Government Higher Secondary School, Garhi Indrajeet, District Udham Singh Nagar, was adjusted against the vacant post and she was directed to take over the charge after being relieved from the original school. Subsequently, said order dated 20.03.2020 was cancelled by the respondent no.5 by another order dated 04.07.2020.
Petitioner is aggrieved by order dated 04.07.2020 whereby her permanent attachment/adjustment in Government Higher Secondary School, Garhi Indrajeet, District Udham Singh Nagar has been cancelled. The reason shown in the impugned order for such temporary adjustment is that there was a procedural defect in the earlier order of adjustment.
Impugned order clearly indicates that it was the adjustment of the petitioner in the Government Higher Secondary School, Garhi Indrajeet, District Udham Singh Nagar, be it permanent or temporary. Adjustment cannot be equated with a regular appointment and it is solely an administrative decision. In such view of the matter, impugned order does not call for any interference of this Court.
Writ petition lacks merit. Same is hereby dismissed. No order as to costs.
(Lok Pal Singh, J.) 04.08.2020
Rajni
1 issue framed by the court
Whether this Court can interfere with an administrative order cancelling temporary school adjustment based on a procedural defect.
Petitioner (Assistant Teacher)
State
Lok Pal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
