IN THE HIGH COURT OF UTTARAKHAND AT NAINTIAL Writ Petition (S/S) No. 186/2002 Old No. 16830/ 1994 Rakesh Singh Bisen, S/o Sri Bhagwan Saran Singh, Cataloguer, Sri Guru Ram Rai (Post Graduate) Collage, Dehradun. ……. Petitioner Versus 1. The Director Higher Education, Allahabad. 2. The Deputy Director (Education) Pauri (U.P.) 3. The District Inspector of Schools, Dehradun. 4. The Committee of Management, Sri Guru Ram Rai (Post Graduate) College, Dehradun, through its Secretary. 5. The Principal, Sri Guru Ram Rai (Post Graduate) College, Dehradun. ……. Respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri S.K. Mishra, learned counsel for the petitioner, Sri H.M. Raturi, learned Standing Counsel for the respondents no. 1 to 3 and Sri Rajendra Dobhal, learned counsel for the respondents no. 4 and 5. By means of this writ petition, the petitioner has prayed for the following relief:- 1. Issue a writ , order or direction in the nature of certiorari quashing the order No. Degree/ Arth- 1/23581- 82 dated 17.02.1994 and orders dated 21.03.1994 and notice/ order dated 26.03.1994 (Annexure 10 and 8) respectively. 2. Issue a writ order or direction in the nature of Mandamus directing the respondents not to interfere with the working of the petitioner as Cataloguer in the College and to pay his salary as and when it fall due. 3. Issue any other suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. 4. award the costs of this petition to the petitioner During the course of argument, learned counsel for the petitioner has submitted that petitioner has already resigned from the service on 17.07.1995, as such, he does not want to press prayer nos. 1 and 2 and has confined to the prayer that salary for the period during which petitioner had worked as Cataloguer with Sri Guru Ram Rai (Post Graduate) College, Dehradun (hereinafter referred to as Institution) may be paid. The stand of the petitioner is that he was appointed as Cataloguer in Library of the Institution vide appointment order dated 31.12.1993 and jointed his duties on 01.01.1994 However, by the order dated 21.03.1994, District Inspector of Schools informed the Secretary of the Institution not to make payment of salary to the petitioner as Director of Higher Education vide letter dated 17.02.1994 has refused to accord approval to the appointment of the petitioner. In pursuance to the aforesaid order Secretary of the Institution on 26.03.1994 cancelled the appointment of the petitioner on the post of Cataloguer. Aggrieved with this order petitioner preferred this writ petition Allahabad High Court and Allahabad High Court on 20.05.1994 stayed the order dated 26.03.1994 passed by the Secretary of the Institution. Learned counsel for the petitioner has confined his prayer now only to the extent that since the petitioner has already resigned from the service with effect from 17.07.1995, he may be paid salary for the period March 1994 to 16.07.1995 during which he has worked as Cataloguer. I find force in the submission of learned counsel for the petitioner that in case petitioner has worked as Cataloguer in the Institution he is entitled to get salary for the post of Cataloguer for the period during which he has actually worked with the Institution. In the circumstances stated above, I direct the petitioner to make representation before Secretary of the Institution for payment of salary for the period during which he has worked as Cataloguer in the Institution and had not been paid salary. It is expected from the Principal and Secretary of the Institution to pass appropriate order for payment of salary to the petitioner for the period during which he has actually worked as Cataloguer and had not been paid salary within a period of two months from the date of production of certified copy of this order along with representation. With this direction, the writ petition is finally disposed of. No order as to costs. (M.M. Gh ild iya l, J ) April 10,2007 SKSharma Court No. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINTIAL Writ Petition (S/S) No. 186/2002 Old No. 16830/ 1994 Rakesh Singh Bisen ……. Petitioner Versus The Director, Higher Education, Allahabad and others. ……. Respondents. ……………….. Sri S.K. Mishra, learned counsel for the petitioner, Sri H.M. Raturi, learned Standing Counsel for the respondent Nos. 1 to 3. Sri Rajendra Dobhal, learned counsel for the respondent Nos. 4 & 5. Date: May 07, 2008. Hon’ble P.C. Verma, J. The petition has been filed by the petitioner seeking writ of certiorari for quashing the impugned orders by which the selection of the petitioner as Cataloguer was cancelled. 2. The petitioner was selected for the post of Cataloguer in Library of Sri Guru Ram Rai (Post Graduate) College Dehradun/ respondent No. 5 and he joined on the said post on 01.01.1994. By the order dated 21.03.1994, the District Inspector of Schools informed the Secretary of the Committee of Management/respondent No. 4 not to make payment of salary to the petitioner as Director of Higher Education, vide letter dated 17.02.1994 has refused to accord approval to the selection of the petitioner. In pursuance of the aforesaid order Secretary of the Management Committee on 26.03.1994 cancelled the selection / appointment of the petitioner on the post of Cataloguer. Aggrieved with this order, the petitioner had preferred this writ petition. The Allahabad High Court on 20.05.1994 stayed the operation of the impugned order dated 26.03.1994 passed by the Secretary, Committee of Management, Sri Guru Ram Rai (Post Graduate) College, Dehradun. 3. The learned counsel for the petitioner submitted that the petitioner has resigned from service on 17.07.1995 and he confined his prayer to the extent that the salary for the period during which the petitioner had worked as Cataloguer in the Institution may be directed to be paid to the petitioner. 4. Since the petitioner has resigned from service on 17.07.1995, therefore the petition is disposed of with the direction to the Director, Higher Education, Uttarakhand to pay the salary to the petitioner during which period he has worked in terms of the interim order passed by High Court Allahabad on 20.05.1994. 5. With the aforesaid observation, the petition is disposed of finally. (P.C. Verma, J.) 07.05.2008 P.Singh