IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPSS No. 1095 of 2005 Smt. Pitambari ……..Petitioner. Versus State of Uttaranchal and others. ….Respondents. Mr. B.D. Upadhyay, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondents. 16th September, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, petitioner has prayed for a writ of Mandamus directing the respondent no. 4 to appoint her as Class IV employee in any institution in district Uttarkashi in compliance with the order dated 8.8.2003 passed by the Joint Director of Education, Garhwal Division. 2. Brief facts of the case are that being a victim of earthquake, the petitioner was appointed as Class IV employee in the Govt. Girls High School, Purola, district Uttarkashi in the pay-scale of Rs. 750-949 on ad hoc vide order dated 17.8.1992 passed by the Regional Inspectress of Girls School, Garhwal Mandal, but due to ban on appointment the said appointment was made for a period of 89 days. Thereafter, from time to time, the services of the petitioner extended and was reappointed by orders dated 23.12.1992, 18.9.1993, and 18.3.1996 passed by the Regional Inspectress of Girls School, Garhwal Mandal. On 15.5.1996, the District Inspector of Schools, Uttarkashi (now District Education Officer) wrote a letter to the Regional Deputy Director of Education stating therein that the petitioner was appointed as Class IV employee in the institution vide order dated 18.9.1993 on temporary basis until further orders, but on account of regular arrangement, the appointment of the 2 petitioner was terminated. The Commissioner, Garhwal Division on 3.7.1996 passed an order directing the Regional Deputy Director of Education to make regular appointment of the petitioner on Class IV post and to absorb her on the post of Paricharika at Govt. Girls High School, Purola (Uttarkashi), but the petitioner was not regularized and was further appointed as Class IV employee for a period of 89 days vide order dated 24.2.1996. Being aggrieved, petitioner filed a Writ Petition No. 33130 of 1996 before the High Court of Judicature at Allahabad. In the said writ petition, on 6.6.2003 an order was passed directing the DIOS to decide the representation to be filed by the petitioner in view of the recommendations made by the Commissioner on 3.7.1996 and also keeping in mind the fact that the petitioner is a victim of earthquake. After passing of the said order, petitioner moved a detailed representation before the DIOS, district Uttarkahsi on 19.6.2003. On the said representation, on 30.6.2003 the Commissioner wrote a letter to the respondent no. 4 to consider the representation of the petitioner in compliance of the order dated 6.6.2003 passed by the High Court of Allahabad and to absorb her in accordance with the instructions given by him earlier. In response to the letter of the Commissioner, on 1.7.2003 DIOS wrote a letter to him that since the appointment orders were issued by the Joint Director of Education, Garhwal Division, therefore, the matter relating to the petitioner shall be disposed of by him and further explaining that there is no post of Class IV vacant in the Govt. Girls School, Purola, district Uttarkashi. Thereafter, the Joint Director of Education on 8.8.2003 passed an order contained in Annexure No. 11 to the writ petition directing the DIOS to appoint the petitioner on Class IV post of the Institution indicated by her and if there is no vacancy, appoint her in any other institution in the district. But since, no action has yet been taken, the petitioner has come up with this writ petition. 3 3. Perused the order passed by the Joint Director of Education contained in Annexure No. 11 to the writ petition. In the said order, a clear direction has been given to the DIOS to appoint the petitioner on Class IV post. 4. Therefore, in view of the order passed by the Joint Director of Education, the DIOS is directed to comply the order dated 8.8.2003 giving appointment to the petitioner on Class IV post. 5. With the aforesaid direction, writ petition is disposed of finally. (P.C. Verma, J.) 16.9.2008 Rathour