IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 817 of 2008 Anil Kumar S/o Rehtu Ram, R/o Bhagnari Dharamshala, Ranighat, District Haridwar. …………..Petitioner. Versus (1) Principal, Higher Secondary School, Haripur Kalan Raiwala, District Dehradun. (2) District Inspector of Schools, District Dehradun. (3) Committee of Management, Satyamitranand Giri Intermediate College, Haripur Kalan, Raiwala, District Dehradun, through its Manager. ...……..Respondents. Sri Sharad Sharma, Advocate for the Petitioner. Sri N.P. Sah, Standing Counsel for the State-Respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondents to pay the petitioner salary of Sweeper cum Chowkidar in Satyamitranand Giri Intermediate College, Haripur Kalan, Raiwala, District Dehradun. Heard learned counsel for the parties. 2 Brief facts of the case are that the petitioner was appointed as Sweeper cum Chowkidar in the year 1989 in aforesaid College. It appears that his services were terminated vide order dated 24.03.1995, which was challenged by him before Allahabad High Court by filing Writ Petition No. 19799 of 1995. Said writ petition was transferred to this Court and renumbered as Writ Petition No. 2551 of 2001. The writ petition was dismissed as infructuous vide order dated 26.03.2008 on the ground that petitioner has been reappointed as stated by learned counsel for the respondent no. 1. Respondent no. 1 in said case was Principal of the College. Annexure 1 to the writ petition is copy of letter dated 05.03.2008, which shows that the Principal of the College on oral instruction of the High Court permitted the petitioner to join his duties. There is no order of quashing the termination order by the Court or cancelling the termination order by the Appointing Authority. Annexure 5 to the writ petition is copy of letter dated 31st March 2008, issued by Manager of the College to the In-charge Principal as to how he has reinstated the petitioner in service without knowledge of the Committee of Management. Annexure 6 to the writ petition is copy of the Additional District Education Officer, Dehradun, whereby said authority has also asked the Principal to send the copy of resolution passed by Committee of 3 Management relating to reappointment of the petitioner. In the circumstances, at this stage, when it is not clear that whether the petitioner was lawfully reinstated / reappointed or not, this Court is not inclined to direct the payment of salary to the petitioner. The writ petition is dismissed summarily. (Stay Application No. 5125 of 2008 also stands dismissed). (Prafulla C. Pant, J.) Dt.08.08.2008 NS