Office Notes, reports, orders or proceedings…
Petitioner permitted to approach Competent Authority via representation for unpaid salary between July 2018 to December 2019; matter to be decided within six weeks.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPSS No. 2501 of 2019 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. Akshay Joshi, Advocate holding |
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| brief of Mr. Sandeep Kothari, learned counsel for the petitioner. |
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| Ms. Mamta Bisht, learned Deputy |
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| Advocate General for the State of |
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| Uttarakhand. Petitioner is working as Assistant |
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| Teacher. She was transferred from |
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| Government Senior Basic School Telapura, | |||
| Block Sahaspur, District Dehradun to Government Higher Primary School Aasoi, |
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| Block Chakrata, District Dehradun vide |
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| order dated 19.07.2018. Her transfer was subsequently modified by an order dated |
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| 14.08.2019 and in place of Aasoi, Block | |||
| Chakrata, District Dehradun, she was |
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| transferred to Government Senior Basic | |||
| School Masras Patti, Block Sahaspur, |
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| District Dehradun. From the order dated 19.07.2018, it appears that petitioner was transferred |
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| based on a complaint made by Deputy | |||
| Education Officer. | |||
| Mr. Akshay Joshi, learned counsel | |||
| appearing for petitioner, on instructions, makes a statement that petitioner has now |
| been retransferred to the School where she |
|---|
| was serving before her transfer i.e. |
| Government Senior Basic School, Telapura, |
| Block Sahaspur, District Dehradun. Thus, he submits that petitioner has no grievance left |
| against the transfer orders. However, he |
| submits that salary for the period between |
| July, 2018 to December, 2019 has not been |
| paid to petitioner so far. He, therefore, |
| prays that the Competent Authority be |
| directed to examine petitioner’s claim for salary for the aforesaid period. Accordingly, writ petition is disposed of |
| by permitting petitioner to approach the |
| Competent Authority by making |
| representation regarding salary for the |
| period between July, 2018 to December, |
| 2019. If such representation is made within |
| ten days from today, the Competent |
| Authority shall look into the matter and take appropriate decision, as per law, within six |
| weeks from the date of presentation of |
| certified copy of this order with |
| representation. Interim order dated 16.12.2019 stands vacated. ( Man oj Ku m ar Tiw ar i, J.) 06.07.2022 Aswal |
2 issues framed by the court
Whether the petitioner is entitled to salary for the period between July 2018 to December 2019 after transfer disputes are resolved.
Whether the competent authority should examine the petitioner's claim for unpaid salary regarding the transferred period.
Assistant Teacher
State of Uttarakhand
Manoj Kumar Tewari
As recorded by the court registry
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