Decided on August 01,2012

Sanjay Chauhan Appellant


Prafulla C. Pant, J. - (1.) By means of these two writ petitions, moved under Article 226 of Constitution of India, the petitioners have sought quashing of the order dated 01.12.2008, passed by Additional Director of Education, Garhwal Region, Pauri Garhwal, whereby the appointment of the petitioners on the post of Assistant Teacher L.T. grade were cancelled on the ground that they had obtained less than the minimum/cut off quality points.
(2.) Heard learned counsel for the parties and perused the affidavits, counter affidavit and rejoinder affidavit.
(3.) Brief facts of the case are that in the year 1997, much before the creation of the State of Uttarakhand, the Joint Director of Education, Garhwal Region, Pauri Garhwal, invited the applications for 532 posts of Assistant Teachers in L.T. Grade, under Uttar Pradesh Subordinate Education (Trained Graduate Grade) Service Rules, 1983. It appears that in response to the advertisement, many candidates including the petitioners submitted their applications. Total number of 434 candidates were selected and appointed by the then Joint Director, Garhwal Region, Pauri Garhwal on 18.11.1998. However, vide Uttar Pradesh Governments letter No. 138/15-2-95 dated 01.04.1999, in respect of the above appointments an inquiry was ordered and the payment of the salary of the teachers was stopped. After inquiry, it was found that the appointments of the petitioners were not in accordance with the Uttar Pradesh Subordinate Education (Trained Graduate Grade) Amendment Service Rules, 1992, and as such, their appointments were cancelled on 17.06.1999. It appears that aggrieved by said order the present petitioners and some other teachers filed writ petition No. 28207 of 1999 before the Allahabad High Court, which was transferred in the year 2001 to this Court and re-numbered as Writ Petition 6778 (S/S) of 2001. Said writ petition along with connected Writ Petition No. 6767 (S/S) of 2001, Writ Petition No. 6777 (S/S) of 2001, Writ Petition No. 6780 (S/S) of 2001, Writ Petition No. 6779 (S/S) of 2001 and Writ Petition No. 359 (S/S) of 2002 was decided by this Court by common judgment and order dated 10.05.2007. The operative portion of the order dated 10.05.2007, passed in Writ Petition No. 6778 (S/S) of 2001 (old No. 28207 of 1999) along with connected matters, reads as under: " Admittedly, in the present case also no such opportunity was afforded to the petitioners. It is well settled law that no order to the detriment of the petitioners can be passed without complying the rules of natural justice." For the reasons recorded above, the writ petitions are allowed. The impugned order dated 17.06.1999, is hereby quashed, no order as to costs.";

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