COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 63/2001 Smt. Manjeet Kaur …….Petitioner Versus Director, Forest Research Institute, Dehradun & Others …….Respondents Sri Manoj Tiwari, learned Counsel for the petitioner. Smt. Anjali Bhargava, learned Central Govt. Counsel for the respondents. 1st May, 2008 Hon’ble P.C. Verma, J. By means of the this writ petition the petitioner has challenged the order dated 1.2.2001, contained in Annexure No. 9 to the writ petition, whereby the appointment order of the petitioner on the post of Technical Assistant Group ‘C’ (General) has been cancelled. 2. The petitioner was initially engaged as casual daily labour in the Forest Research Institute, Dehradun on 16.8.1983 and she worked in the various branches of the said institute till 25.8.1988. Consequent upon the decision dated 10.3.1988 of the Hon’ble Apex Court in the Civil Writ Petition No. 1351 of 1987 (Rajesh Kumar Soni & Others v. Ministry of Environment & Forest and Wildlife & Others), the services of the petitioner were regularized on Group ‘D’ post of Mazdoor with effect from 26.8.1988. Thereafter, office circular dated 25.11.1999 was issued to fill up the posts of Technical Assistant through departmental examination. The Departmental 2 Promotion Committee, when requested about the availability of panel, released the name of the petitioner vide letter dated 12.10.2000 for appointment to the post of Technical Assistant Group ‘C’ (General) and the petitioner joined the said post on the same day. Thereafter, appointment of the petitioner on the post of Technical Assistant was cancelled by the impugned order dated 1.2.2001. 3. The impugned order dated 1.2.2001, Annexure 9 to the writ petition, reads as under: “On the recommendation of the Departmental Promotion Committee for Group ‘C’ Posts, Forest Research Institute, Dehradun, the Director, Forest Research Institute has decided to cancel the panel for the post of Technical Assistant Group ‘C’ (General), hence the offer and order of appointment issued vide this office, offer of appointment and appointment order of even number dated 12.10.2000 and 17.10.2000 respectively in respect of Smt. Manjeet Kaur, Mazdoor to the post of Technical Assistant Group ‘C’ (General) is hereby cancelled.” 4. The grievance of the petitioner is that only she has been reverted while others have been retained, though by the impugned order, the panel prepared by the Departmental Promotion Committee has been cancelled. In the counter affidavit, no specific reply is available with regard to this allegation. Moreover, no notice or opportunity of hearing was afforded to the petitioner before passing the impugned order. Therefore, the 3 impugned order dated 1.2.2001 is hereby set aside and the respondents are directed to allow the petitioner to continue on the promoted post of Technical Assistant Group ‘C’ (General) if the facts stated by the petitioner are correct. The writ petition is allowed accordingly. There shall be no order as to costs. (P.C. Verma, J.) Prabodh