LAWS(UTN)-2010-7-253

SHARAD SINGH Vs. STATE OF UTTARAKHAND

Decided On July 14, 2010
SHARAD SINGH Appellant
V/S
STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY AYURVEDIC AND UNNANI MEDICINE, DEHRADUN Respondents

JUDGEMENT

(1.) By means of this writ petition, the petitioners have sought the following relief:-

(2.) According to the petitioners, by order dated 7-8-2007 the respondent no. 3 has held the appointments of the petitioners as illegal, while as many as 23 other similarly situated other persons were absorbed in the regular services of the department and they are continuing in the service.

(3.) The main ground of challenge raised in the present writ petition is that the order of termination of services has not been passed by the appointing authority i.e. District Ayurvedic and Unani Officer but the same has been passed on the directions contained in a D.O. letter dated 12-7-2007 and the consequent order dated 23-7-2007 passed by the Director-respondent no.2, therefore, the impugned orders are liable to be quashed being violative of Article 311(2) of the Constitution of India.