- (1.) HEARD Sri S. N. Babulkar, Sr. Ad vocate, assisted by Sri Tumul Nailwal, learned counsel for the petitioner and learned standing counsel for State of Uttaranchal on behalf of respondents.
(2.) BY means of this writ petition, the petitioner has prayed for follow ing reliefs: (a) issue a writ, order, or direction in the nature of Certiorari to quash the order dated 15-04-2000 passed by respondent no. 1. (b) Issue a writ, order, or direction in the nature of Certiorari to quash the order dated 15-04-2000 (Annexure-1 to the Supplementary Affidavit) terminat ing the service of the petitioner, (c) to issue a writ, order or direc tion in the nature of Mandamus commanding not to give the ef fect the order dated 15-04-2000. (d) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; (e) award the cost of the writ peti tion to the petitioner. By the impugned order dated 15-04-2000 passed by Project Officer, petitioner was directed to hand over the charge of Plant Operator to one Sri Dinesh Singh Chauhan. Later on petitioner filed supplementary affida vit annexing therein another order dated 15-04-2000 passed by Project Officer (Annexure No. 1 to the Supplementary Affidavit), terminating the services of the petitioner, who was appointed as Plant Operator by the then Project Officer. Consequently, petitioner added one more relief by way of supplementary affidavit for quashing of order dated 15-04-2000 passed by respondent no. 1, terminat ing the services of the petitioner from the post of Plant Operator. This relief has been added by the petitioner as relief no. 1 (a) in the writ petition. The submission of the peti tioner is that there were four posts of Plant Operator/mechanic vacant in the office of Project Officer, Srinagar, District-Pauri Garhwal. Petitioner has obtained three years Diploma in Electric Engineering from Polytechnic, Srinagar, District-Pauri Garhwal. On 18-06-1987, respondent no. 1 wrote a letter to respondent no. 2 that there are two vacancies of Plant Operator/mechanic, which have been ap proved by the Department and the same are to be filled up and thereaf ter, process of selection was started by respondent no. 1.
(3.) PETITIONER was initially engaged as daily wager in the department with effect from 01-08-1994 to 30- 09-1994 and again on 13-02-1995 to 30-06-1995. Names of the candidates were invited from Employment Ex change by the respondents and since the petitioner was fully eligible to be appointed as Plant Operator and had, in fact, worked as daily wager in the department his name was also sent by the Employment Exchange. After being selected as Plant Operator, pe titioner was provided appointment vide order 30-06-1995 by the then Project Officer i. e. respondent no. 1. On 04-07-1995, petitioner joined his duties on the post of Plant Operator. The appointment of the petitioner was made on regular basis against the permanent vacancy. In the mean time, another person joined as Project Officer, at Srinagar and on 15-04-2000 passed an order termi nating the services of the petitioner from the post of Plant Operator with immediate effect without giving any reason and without affording any op portunity of hearing. Aggrieved with the impugned order, petitioner preferred writ peti tion before Allahabad High Court and the Allahabad High Court on 28-04-2000 stayed the operation of order dated 15-04-2000 passed by re spondent no. 1 and the petitioner is still continuing on the post.;