COURT NO. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 1296/2001 (Old No. 50548/1999) 1. Dharam Singh Bisht, S/o Sri Nandam Singh Bisht, R/o Village & Post – Agrora, District Pauri Garhwal. 2. Yogindera Kumar S/o Kunwar Singh Bisht, R/o Village & Post – Agrora, District Pauri Garhwal. .....Petitioners Versus 1. Joint Director of Education, Garhwal Mandal, Pauri Garhwal. 2. District Inspector of Schools, Pauri Garhwal. 3. Principal, Government Inter College, Mohan Chatti, District – Pauri Garhwal. 4. Principal, Government Inter College, Siddhpur, District – Pauri Garhwal. ......Respondents Sri V.K. Bisht, Sr. Advocate assisted by Ms. Sangeeta Mian, learned Counsel for the petitioners. Sri H.M. Raturi, learned Standing Counsel for the State. 18th February, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioners have challenged the order dated 1.11.1999 contained as Annexures 5 & 6 to the writ petition, by which the District Inspector of Schools has terminated the services of the petitioners treating them to be fresh temporarily appointed persons. 2. A perusal of the appointment letters shows that the petitioners were initially appointed in Watershed Management Project and after the completion of the project, the petitioners were adjusted on class IV posts by the order dated 16.10.1998 as retrenched employees. The District Inspector of Schools lost sight of this basic fact and terminated the services of the petitioners treating them fresh appointees giving the reasons that the posts were not advertised, names were not called from the employment exchange and despite there being ban the appointments were made. In fact, it was not an appointment, it was adjustment of the petitioners. Thus, the impugned orders cannot be sustained in the eye of law and are hereby quashed. 3. Accordingly, the petition is allowed. No order as to costs. Petitioners shall be allowed to continue in class IV post in their respective institutions. (P.C. Verma, J.) Prabodh