IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.205 of 2008 Director of Higher Education, Uttarakhand, Haldwani (Nainital) … Appellant Versus Satya Prakash Thapliyal and another … Respondents Dated: 19.11.2008 Coram Hon’ble V.K. Gupta, C.J. Hon’ble Dharam Veer, J. V.K. Gupta, C.J. (Oral) Mr. P.C. Bisht, Brief Holder for the State/Appellant. Mr. Rajendra Dobhal, Advocate for Respondent No.1. None is present for Respondent no.2. After hearing the learned counsel for the appellant as well as the learned counsel appearing for respondent no.1, and upon perusal of the impugned judgment dated 2.4.2008, we find that the learned Single Judge was right in issuing a mandamus directing the respondents in the writ petition to pay to the respondent no.1(writ petitioner) the salary and allowances of the post of Librarian for the period he discharged the functions of this post. We are convinced that the aforesaid direction contained in the aforesaid judgment does not suffer from any illegality or irregularity because indeed for some period, Respondent No.1(writ petitioner) was asked to perform the functions and discharge the obligations of Librarian after the retirement of Mr. Surya Prakash Nautiyal w.e.f. 2.4.1994. There is no merit in the appeal which is dismissed but without any order as to costs. (Dharam Veer, J.) (V.K.Gupta, C.J.) 19.11.2008 Rdang