Shri Harish Chand v. St at e of Ut t arakhand Ot hers

“ 3. I n t he first pet it ion, t he Court while allowing t he writ pet it ion observed: - pet it ioner t hey are “ 29 ............................The St at e m ust exam ined t he cert ificat e of t he t he qualificat ions and order, grant him appoint m ent order fort hwit h. I t is m ade clear t hat t he appoint m ent of t he pet it ioner shall also be from t he sam e dat e as is given t o t hose candidat es who have been select ed t he select ion process. I t is furt her m ade clear t he t he pet it ioner shall get t hat salary from t he dat e he j oins an inst it ut ion and shall not be ent it led for back- wages. 1

30. I n t he light of t he discussions and observat ions m ade above, writ pet it ion st ands allowed.

4. Thereaft er, t he pet it ioner filed anot her pet it ion bearing Writ Pet it ion ( S/ S) No. 404 of 2022, Harish Chandra Vs. St at e of Ut t arakhand and ot hers ( “ t he second pet it ion” ) for fixat ion of t he salary from t he dat e when ot her candidat es part icipat ed in t he select ion process and given appoint m ent . The second pet it ion was dism issed on 21.11.2023. The Court t hen observed “ Th e p r a y e r f o r m o n e t a r y b e n e f i t a n d f i x a t i o n o f t h e sa l a r y a p p e a r s t o b e f a l l a ci o u s a n d m i sco n st r u e d a n d t h e sa m e ca n n o t b e g r a n t e d t o t h e p e t i t i o n e r . H o w e v e r , n o o t h e r p r a y e r h a s b e e n m a d e b y t h e p e t i t i o n e r r e g a r d i n g t h e p r e - f i x a t i o n o f h i s d a t e o f a p p o i n t m e n t ; t h e r e f o r e , n o r e l i e f ca n b e g r a n t e d t o h i m f o r t h e sa m e .”

5. Thereaft er inst ant pet it ion has been filed.

6. I n essence, what t he pet it ioner seeks is, enforcem ent of t his Court ’s j udgm ent dat ed 13.09.2017 passed t he pet it ion. I n order t o get t he fruit of t he order passed in t his writ pet it ion, anot her pet it ion m ay not be ent ert ained. There are ot her provisions for enforcing t he orders of t his Court . Therefore, t his Court is of t he view t hat inst ant pet it ion is not 2 m aint ainable. Accordingly, t he writ pet it ion deserves t o be dism issed.

7. The writ pet it ion is dism issed.”

2. Learned Counsel for t he appellant has drawn at t ent ion of t his Court t o t he j udgm ent dat ed

13.9.2017, passed in appellant ’s Writ Pet it ion ( S/ S) No. 1765 of 2016. Para 29 of t he said j udgm ent is ext ract ed below: “ 29. All t he sam e, t he second prayer of t he pet it ioner which is for quashing of t he advert isem ent alt hough cannot grant ed at t his st age as t his Court has been inform ed t hat t he select ion process has already been com plet ed and required candidat es have already been select ed and appoint ed. However, considering t hat t he pet it ioner st ands t o be qualified, a furt her m andam us is hereby issued t o consider t he candidat ure of t he pet it ioner t reat ing him t o be qualified on t he basis of his t wo years Diplom a in Elem ent ary Educat ion, which he has obt ained from out side t he St at e. The St at e m ust exam ine t he cert ificat e of t he pet it ioner and all t he qualificat ions and if t hey are in order, grant him appoint m ent order fort hwit h. I t is m ade clear t hat t he appoint m ent of t he pet it ioner shall also be from t he sam e dat e as is given t o t hose candidat es who have been select ed t he select ion process. I t furt her m ade clear t hat t he pet it ioner shall get 3 t he salary from t he dat e he j oins an inst it ut ion and shall not be ent it led for back- wages.”

3. Learned Counsel t he appellant subm it s t hat appellant was denied appoint m ent as Assist ant Teacher, Prim ary School only on t he ground t hat t wo years Diplom a, which he possessed, was obt ained from an inst it ut e sit uat e out side t he St at e of Ut t arakhand. Appellant challenged denial of appoint m ent by filing Writ Pet it ion ( S/ S) No. 1765 of 2016, which was allowed t he aut horit ies were direct ed t o grant appoint m ent t o t he appellant from t he sam e dat e as is given t o ot her persons, who were select ed in t he select ion process. He subm it s t hat appellant was appoint ed only on 24.5.2019, while ot her persons, who were select ed in t he sam e select ion process, were given appoint m ent m uch earlier. Thus he subm it s t hat pet it ioner should not be m ade t o suffer on account of confusion in t he m inds of t he aut horit ies, due t o which appellant was denied appoint m ent from t he due dat e.

4. We find subst ance t he subm ission m ade by learned Counsel for t he appellant . Even ot herwise also, j udgm ent rendered in Writ Pet it ion ( S/ S) No. 1765 of 2016 was challenged by t he St at e Govt ., however, Special Appeal filed by t he St at e Govt . was dism issed. Thus t he said j udgm ent has at t ained finalit y.

5. Even t hough t he appellant has been offered appoint m ent , but it is from t he lat er dat e, 4 which is not st rict ly as per t he direct ion issued by t he writ court . Learned Single Judge appears t o have overlooked t his aspect of t he m at t er, which has result ed in dism issal of t he writ pet it ion.

6. For t he aforesaid reasons, we allow t he special appeal and set aside t he im pugned j udgm ent and direct t he Dist rict Educat ion Officer ( Elem ent ary) , Dist rict Udham Singh Nagar t o exam ine appellant ’s claim for appoint m ent from t he dat e ot her persons, select ed in t he sam e select ion process, were appoint ed. Dist rict Educat ion Officer concerned shall pass necessary orders t his regard wit hin t hree m ont hs t he dat e of product ion of cert ified copy of t his order.

7. I t goes wit hout saying t hat all persons, whose seniorit y is likely t o be affect ed, shall also be given opport unit y of hearing before passing t he order. ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.) 2 9 .4 .2 0 2 5 Pr PRABOD H KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50 602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF8 06ACCC1AB588052DF6FCA58C67F3C91957BE53 , cn=PRABODH KUMAR 5