ANITA MANDOLA Vs. DIRECTOR OF WOMEN WELFARE

JUDGEMENT

(1.) The petitioner is presently working as an Assistant Teacher. This Writ Petition by the petitioner has been filed by the petitioner effectively against the order dated 23.10.1999 terminating her services and subsequent order dated 12.1.2000 whereby her representation against the termination of her services was also rejected.

(2.) The petitioner was initially appointed as an untrained Assistant Teacher on 5.8.1996 by the Deputy Chief Probationary Officer, Garhwal Division, Pauri. The appointment order of the petitioner clearly states that her appointment is purely on adhoc basis and will come to an end once the duly selected candidate is appointed on that post. The case of the petitioner is that her services were not terminated vide order dated 23.10.1999 because the duly selected candidate had joined that post but on the ground that the Deputy Chief Probationary Officer i.e. respondent no. 2 had no power to appoint the petitioner. This order was initially challenged by the petitioner before the High Court of Judicature at Allahabad being Writ Petition No. 48106 of 1999. The aforesaid Writ Petition was disposed of with the direction to the petitioner that she may file a representation within 15 days and the same should be disposed of in accordance with law. The representation of the petitioner was subsequently dismissed by a speaking order dated 12.1.2000, which has now been challenged by the petitioner through the present Writ Petition. The Writ Petition though had been filed before the High Court of Judicature at Allahabad being Writ Petition No. 9970 of 2000, but after the creation of new State of Uttarakhand it has been transferred to this Court under Section 35 of the U.P. Reorganisation Act, 2000 and has been renumbered as Writ Petition (S/S) No. 5113 of 2001.

(3.) Heard learned counsel for the petitioner as well as learned Standing Counsel for the State of Uttarakhand at length.