IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 130 of 2009 1. Ram Bahadur Pandey S/o Madhuraj Pandey, R/o Khardah Nilkanth Post-Babhnauli, District-Deoria. 2. Shambhu Sharan Singh S/o Sri Ambika Singh, R/o Village and Post Naika Chhapra, District-Kushinagar, U.P. …………. Petitioners Versus 1. The State of Uttarakhand through its Secretary, Education, Dehradun. 2. Basic Shiksha Adhikari, Udham Singh Nagar. 3. Chairman/President, Bhotia Jan Jati Sewa Samiti, Gular Bhoj, Udham Singh Nagar, 4. The Bjhotia Jan Jati Sewa Samiti, Gular Bhoj through its Secretary. 5. The Pariyojna Adhikari, Jan Jati Vikas Pariyojna, Bajpur, Udham Singh Nagar, 6. The Secretary, Social Welfare, Uttarakhand Shasan, Dehradun. 7. Additional District Education Officer (Basic), Udham Singh Nagar. ………. Respondents ………………… Sri V.K. Kaparwan, learned counsel for the petitioners. Sri Sudhir Kumar, learned brief holder for the respondent Nos. 1,2,5,6 & 7. Date: July 29, 2009 Coram: Hon’ble Prafulla C.Pant,J. Hon’ble B.S.Verma,J. [Per : Hon’ble Prafulla C.Pant,J.] Heard learned counsel for the parties. 2. This appeal is directed against the order dated 08.06.2009 passed by learned Single Judge of this Court in Writ Petition No. 452 of 2009 (SS). 2 3. Brief facts of the case giving rise to this appeal are that petitioners were teachers engaged by a Society which is funded by Social Welfare Department of the State Government. It appears that Bhotia Jan Jati Sewa Samiti, Gular Bhoj, Udham Singh Nagar, which engaged the petitioners in a School in the tribal area, on receiving complaints against the petitioners, after giving them show cause notice, terminated their services vide order dated 25.06.1998. The petitioners earlier filed Writ Petition Nos. 30259 of 1998 and 30257 of 1998 before Allahabad High Court challenging the termination orders, which were transferred to this Court and renumbered as Writ Petition Nos.3896 of 2001 (SS) and 3895 of 2001 (SS). Both these writ petitions were disposed of, vide order dated 18.08.2006 by Single Judge of this Court, whereby the Secretary, Social Welfare, Uttarakhand Government was directed to hold inquiry or get the matter inquired into through some officers of the Department within a period of four months and to pass appropriate orders thereafter reinstating the petitioners in service. In compliance of order passed by this Court on 18.08.2006 in Writ Petition No.3896/2001 (SS), vide order dated 04.02.2009 Secretary, Social Welfare, Uttarakhand Government found that the services of the petitioner Ram Bahadur Pandey were terminated by the Management Committee of the Society, and the petitioners were not the Government servants, as such it is not possible for the Government to reinstate the petitioner. In compliance to order dated 18.08.2006 passed in Writ Petition No.3895/2001 (SS) Additional District 3 Education Officer (Basic), Udham Singh Nagar has directed the Bhotia Jan Jati Sewa Samiti, Gular Bhoj, Udham Singh Nagar to make payment of unpaid part of salary to petitioner No.2-Shambhu Sharan Singh. The said petitioner has challenged said order as the dues payable according to him were higher. 4. In Writ Petition No. 452 of 2009 (SS), the petitioners had again challenged the termination order and the subsequent orders mentioned above passed by respondent Nos. 6 & 7. Apart from this, the writ petitioners (present appellants) have also sought direction in the nature of mandamus commanding the respondent No.5 to make payment of salary to them for the period 1995-96, and 1996-97. The impugned order dated 08.06.2009 passed by learned Single Judge in Writ Petition No.452 of 2009 (SS), by which the writ petition was dismissed summarily and challenged in this appeal, shows that learned Single Judge dismissed the writ petition holding that the termination of services of the petitioners by the Society after giving them show cause notice does not suffer from violation of principles of natural justice or fair-play. However, the impugned order is silent as to the relief claimed by the petitioners seeking direction in the nature of mandamus commanding the respondents to pay salary of the petitioners for the period they worked in the Schools before their termination. 5. In the above circumstances, having heard learned counsel for the parties and after going through the papers on record, this appeal is allowed 4 and impugned order dated 08.06.2009 is set aside with the observation that the learned Single Judge may consider, and pass appropriate orders as to whether the petitioners are entitled to the salary for the period prior to their termination on 25.06.1998. We hereby make clear that as to relief No.1 the observation made by learned Single Judge regarding validity of the termination, is not interfered with. (B.S.Verma,J.) (Prafulla C.Pant,J.) 29.07.2009 P.Singh