IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1542 of 2006 (S/S) Madan Lal Saxena S/o Late Sri Charan Dharari Lal Lecturer Govt. Inter College Bara District U.S. Nagar. …………..Petitioner. Versus (1) State of Uttaranchal through Secretary Education, Dehradun. (2) Director of Education, Dehradun. (3) Joint Director of Education, Kumaon Mandal, Nainital. ..………Respondents. Sri Dinesh Gahatori, Advocate for the Petitioner. Sri N.P. Sah, Standing Counsel for the State-respondents. Hon’ble Prafulla C. Pant, J. Heard Sri Dinesh Gahatori, learned counsel for the petitioner and Sri N.P. Sah, learned Standing Counsel for the State- respondents. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 23.02.2004 (copy Annexure 10 to the writ petition), whereby petitioner’s representation has been rejected by Joint Director of Education Kumaon Division, Nainital. Brief facts of the case are that petitioner was initially appointed as ad hoc Lecturer in English in Government Inter College Shantipuri, Udham Singh Nagar. The petitioner’s grievance is that though he was appointed prior to 1st October 1990, but his services are not regularized nor he is being promoted. It appears that earlier 2 a Writ Petition No. 1442 (S/S) of 2003 filed by the petitioner, was disposed of vide order dated 10th November 2003, directing the respondents to pass reasoned order as to the entitlement of selection grade and promotional grade to the petitioner. The impugned order appears to have been passed rejecting the representation of the petitioner. The impugned order dated 23rd February 2004, shows that the petitioner had filled his option for plain cadre as such his case cannot be considered with the case of the teachers of hill cadre. Learned counsel for the petitioner drew attention of this Court to Government Order No. 87/XXIV-2/2008, dated 11th March 2008, which provides that the 75 teachers who have been allocated State of Uttarakhand by Government of India vide Order No. 27/9/2001- SR (S) dated 11th September 2001, and necessary action should be taken as to their seniority and promotion. Learned counsel for the petitioner submitted that the petitioner is one of such 75 teachers who have been allocated State of Uttarakhand by the Government of India. In view of the above development the respondent no. 3 is directed to take a fresh decision in compliance of Government Order No. 87/XXIV-2/2008, dated 11th March 2008 read with Government Order No. 3179/15-2-95-27(40)/93, Lucknow, dated 21st November 1995, which provides regularization of the teachers appointed prior to 1st October 1990, provided the petitioner’s name figures in the list of 75 employees, allocated State of Uttarakhand, by the Government of India. It is observed that it makes no difference in the new circumstance whether the petitioner opted for plain cadre or hill cadre. The writ petition stands disposed of accordingly with above directions. (Prafulla C. Pant, J.) 30.07.2008 NS 3