IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CLMA DELAY CONDONATION APPLICATION NO. 3473 MCC RESTORATION APPLICATION NO. 654 OF 2008 IN WRIT PETITION NO. 1288 OF 2001 (S/S) Balbir Singh and another ……….Petitioners. Versus The District Inspector of Schools, Pauri Garhwal at Pauri and others. ………Respondents Mr. Sudhanshu Dhulia, learned Senior Advocate, assisted by Sri Rahul Kansal, learned counsel for the petitioners. Mr. H.M. Raturi, learned Standing Counsel for the State. 5th August, 2008 Hon’ble P.C. Verma, J. Perused the grounds shown for delay in filing the restoration application. I find sufficient reason in order to condone the delay in filing the restoration application. Delay is condoned. 2. Perused the grounds shown for recalling the order dated 26.02.2008. I find sufficient reason in order to recall the order dated 26.02.2008. Order dated 26.02.2008 is recalled. 3. Both the applications are allowed. 4. Writ petition is restored to its original number. 5. By means of present writ petition, the petitioners have challenged the order dated 1.11.1999 contained as Annexures 6 and 7 to the writ petition, by which the 2 District Inspector of Schools has terminated the services of the petitioners. 6. A perusal of the appointment letter shows that the petitioners were initially appointed in Earth Quake Monitoring Cell and after the completion of the project, the petitioners were adjusted on Class IV posts as Peon by the orders dated 30.12.1996 as retrenched employees. The District Inspector of Schools lost sight of this basic fact and terminated the services of the petitioners treating them fresh appointees giving the reason that the posts were not advertised, names were not called from the employment exchange and despite there being ban the appointments were made. In fact, it was not an appointment, it was adjustment of the petitioners. Thus, the impugned orders cannot be sustained in the eyes of law and are hereby quashed. 7. Accordingly, the petition is allowed. No order as to costs. Petitioners shall be allowed to continue in Class IV post in their respective institutions. (P.C. Verma, J.) 5th August, 2008 Rathour