- (1.)By means of this Special Leave Petition the endeavour of the petitioner, State of Uttarakhand, is to dislodge and reverse the findings of the learned Single Judge of the High Court of Uttarakhand at Nainital in Writ Petition No.1478 of 2003, which Order has been affirmed by the Division Bench of the High Court in Special Appeal No.146 of 2008.. After going into the factual matrix of the case, the learned Single Judge had directed by Order dated 10.3.2008 that the case of the Respondent before us, (namely, Kanhaya Lal, the petitioner in Writ Petition No.1478 of 2003) be considered within three months for appointment to the post of Assistant Teacher (Language) L.T. Grade, if there is no other impediment in his selection .. Dissatisfied with this direction, the Special Appeal came to be filed in which the Hon'ble Division Bench had opined that there was no error in the impugned Order of the learned Single Judge, and, accordingly, the Special Appeal deserved to be dismissed. There are, accordingly, concurrent findings of facts and law before us.
(2.)On the first date of hearing before this Court, the submission of the learned counsel appearing for the State of Uttarakhand to the effect that "he is not challenging the appointment as such but his only grievance is that respondent cannot claim appointment from 1997", had been recorded.
(3.)On a perusal of the SLP paper book, we are disturbed to note that pursuant to the Orders of the learned Single Judge, the Additional Director of Education, Garwal Division, Pohri, instead of investigating the aspect whether or not any other obstacles existed, has revisited the entire case and has virtually over-ruled the Order passed by the learned Single Judge.
Having perused the Report/Order of the Additional Director of Education, Pohri dated 23.5.2008, it would be possible to view his action as contemptuous of the Orders of the High Court. The learned Single Judge had directed for appointment to the post of Assistant Teacher (Language) L.T. Grade "unless there was some other impediment in selection".. As we have already opined, the Additional Director of Education has not disclosed "any other impediment" and instead has merely reiterated the already articulated case of the State, which had not found favour with the High Court. It is palpably clear that the Additional Director of Education, Garwal Division, Pauri, has contumaciously adorned itself with appellate powers over the decision of the learned Single Judge of the High Court. We shall desist from making any further directions, however, leaving it open to the respondent to initiate proceedings, if so advised.