WPSS/5284/1999
2023 Latest Caselaw 1165 UK

             Office Notes, reports,
                    orders or
SL.             proceedings or
      Date                                            COURT'S OR JUDGES'S ORDERS
No               directions and
               Registrar's order
                with Signatures
                                      WPSS No. 5284 of 1999
                                      (New No. 611 of 2008)
                                      Hon'ble Manoj Kumar Tiwari, J.

Mr. B.S. Negi, Advocate for the petitioner no. 3.

Mr. Narain Dutt, Brief Holder for the State of Uttarakhand.

(2) Heard learned counsel for the parties.

(3) This writ petition was dismissed in default, vide order dated 19.06.2009. On a restoration application filed by petitioner no. 3 alone, writ petition was restored, vide order dated 24.02.2023.

(4) Petitioner was appointed as Assistant Teacher L.T. Grade in Garhwal Region, after due selection, vide order dated 18.11.1998. However, subsequently, his services were terminated on the ground that there were irregularities in the process of selection.

(5) According to petitioner, he was re- appointed the very next date.

(6) By means of this writ petition, petitioner no. 3 has sought following reliefs:-

"1) issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 1.2.1999 issued by the respondent no. 4.

2) issue a writ, order or direction in the nature of mandamus commanding the respondents not to withhold the salary of the petitioners in pursuance of the letter of State Government dated 14th January, 1999 and further to pay salary to the petitioners on month to month basis."

(7) Learned counsel for petitioner has drawn attention of this Court to a judgment rendered by Co-ordinate Bench of this Court in Writ Petition (S/S) No. 775 of 2001.

(8) After arguing for a while, learned counsel for petitioner no. 3 confines his prayer and submits that writ petition be disposed of by permitting petitioner no. 3 to make representation to the Competent Authority, who may be directed to take decision thereupon.

(9) Accordingly, writ petition is disposed of. Petitioner shall be at liberty to make representation to Director, Secondary Education, Uttarakhand, within two weeks from today. If he makes representation for redressal of his grievances, Director shall consider petitioner's representation and take decision, as per law, within four months thereafter.

(Manoj Kumar Tiwari, J.) 27.04.2023 Navin