IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition No. 452(S/S)2007 Dharam Pal Singh S/o Sri Sukhkha Singh, R/o village Budhwa Saheed, P.O. Buggawala, District Haridwar. ---- Petitioner. Vs. 1. State of Uttarakhand through its Secretary Education, Dehradun, 2. Director Vidhyalayi Shiksha, Mayur Vihar, Dehradun, 3. Addl. Director Education, Garhwal Division, Pauri Garhwal, 4. District Education Officer, Haridwar, 5. Committee of Management of Guru Teg Bahadur, Uchchattar Madhyamik Vidhyalaya Bugguwala, District Haridwar, 6. Principal, Guru Teg Bahadur, Uchchattar Madhyamik Vidhyalaya Bugguwala, District Haridwar. ---- Respondents. Sri Ajay Veer Pundir, learned counsel for the petitioner, Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 4. None for respondent nos. 5 & 6. Hon’ble M.M. Ghildiyal, J. Heard Sri Ajay Veer Pundir, learned counsel for the petitioner and Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 4. None for respondent nos. 5 & 6. By means of this writ petition, the petitioner has prayed for the following reliefs:- i. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to allow the petitioner to resume his duties as Assistant Teacher Science in the Institution and further the respondents be directed to release the pending salary from year Jan. 1998 to till today, 2 ii. Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case be passed in favour of petitioner, iii. Cost of petition be awarded in favour of the petitioner. Stand of the petitioner is that he was appointed by the Committee of Management as Assistant Teacher (Science) on 01.12.1992 in Guru Teg Bahadur Uchchatar Madhyamik Vidhyalaya, Buggawala district Haridwar. The said appointment was approved by the District Inspector of Schools. In the year 1999, the Committee of Management terminated the services of the petitioner and sent the said proposal to the District Inspector of Schools for his approval, however the District Inspector of Schools disapproved the proposal sent by the Committee of Management. Aggrieved with the disapproval of District Inspector of Schools, the Committee of Management filed writ petition no. 1396 of 1998 before the Allahabad High Court and the same was dismissed by the Allahabad High Court on 20.04.1998. Through the writ petition filed by the Committee was dismissed, however the Committee of Management did not permit the petitioner to join consequently, the petitioner moved representation before District Inspector of Schools and the Joint Director of Education, Saharanpur, (as at that time, district Haridwar where the institution is located fell in the district Saharanpur) directed the District Inspector of Schools as well as the Principal of the Institution to allow the petitioner to function as Assistant Teacher. Consequently, the Principal permitted the petitioner to function as Teacher on 11th March 1999. Aggrieved with the permission granted by the Principal, the Committee of Management made application before the Joint Magistrate, Roorkee with the apprehension that, in case, the petitioner is permitted to continue there is every possibility 3 of breach of peace in the Institution, thus the petitioner was not permitted by the Authorities in view of the apprehension of breach of peace. Again the petitioner filed writ petition bearing no. 314 (S/S) 2001 and the said writ petition was dismissed being infructuous because in the meantime another Committee of Management came into existence and there remained no apprehension of breach of peace in the Institution. Contention of the Petitioner is that he is still not being permitted to join in the Institution, consequently he constrained to file the present writ petition with the prayer to direct the respondents to allow him to resume his duties as Assistant Teacher (Science) in the Institution and further for issuing direction to the authorities to release pending salary since January 1998 till date. In the circumstances aforesaid, I deem it fit and proper to direct the petitioner to represent before the Addl. Director of Education, Garhwal Division, Pauri for redressal of his grievances and it is expected from the authority concerned that he shall pass speaking order on the representation of the petitioner, if any moved by the petitioner, within a period of three weeks from the date of production of a certified copy of this order alongwith a representation. With these directions, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) May 2, 2007: NCM: