COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 295/2002 (Old No. 13147 of 1992) Smt. Lila Pande & Other …….Petitioner Versus Chief Medical Officer, Almora & Others …….Respondents Sri B.D. Upadhyay, learned Counsel for the petitioners. Sri H.M. Raturi, learned Standing Counsel for the respondents. 9th June, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, petitioners have sought a writ of certiorari to quash the orders dated 23/28.3.1992 passed by the respondent no. 1/Chief Medical Officer, Almora, whereby the services of the petitioners have been terminated. These orders are contained in Annexure No. 5 and 6 to the writ petition respectively. 2. Facts, in brief, are that the petitioners applied for the training of A.N.M. (Auxiliary Nurse Midwives Health Worker) in the year 1987 and after interview they were selected for the said training. They successfully completed their training. Thereafter petitioners applied for appointment as A.N.M./B.H.W. and they were temporarily appointed as such vide appointment letters dated 30.3.1989 and 7.6.1989 respectively. Thereafter the services of the petitioners were terminated vide the impugned order dated 23/28.3.1992 under the U.P. Temporary Government Servant (Termination of Services) 2 Rules. These facts have not been disputed in the counter affidavit. 3. Petitioners have also pleaded discrimination among the similarly situated employees and have asserted the juniors to the petitioner, namely, Hementi and Deoki, have been retained in service, which is the clear cut violation of Article 14 of the Constitution of India. 4. I have heard learned Counsel for the parties and have perused the record. 5. The main ground on which this writ petition has been contested is that the petitioners were appointed against the posts which were not sanctioned and, therefore, their services were terminated vide the impugned order. Petitioners have brought on record the letter dated 14/15.2.2005 issued by the Chief Medical Officer, Almora, which is contained in Annexure No. 4 to the supplementary affidavit. By the aforesaid letter, a communiqué has been issued that earlier the services of some health workers were terminated on account of absence of sanctioned posts. Now they are continuing in the department in terms of the interim orders issued by the High Court in various writ petitions. But now they are working against the sanctioned posts. Therefore, if the writ petitions are still pending, this latest position may be communicated to this High Court so that the concerned employees may not face any trouble in future. 6. In view of the aforesaid facts that have come on record, it can safely be inferred that that the services of the petitioners have now been regularized and now they are working against the sanctioned posts. Therefore, 3 grievance of the petitioners has clearly been redressed and the impugned termination order has come to an end. 7. In view of my foregoing discussion, writ petition has been rendered infructuous and the same is dismissed as such. However, it is made clear that since the petitioners’ services have been regularized, they shall be entitled to all the consequential benefits along with continuity of service. There shall be no order as to costs. (P.C. Verma, J.) 9.6.2008 Prabodh