PITAMBER DUT THAPALIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By means of this petition, the Petitioner has challenged impugned order dated 6th October 1999 passed by Respondent No. 2 whereby his representation for giving him the benefit of past service with effect from 3rd July 1979 to the date when he joined service on 23rd April 1988 and to treat him in continuous service with effect from 11.07.1967 for the purpose of pensionary/consequential benefit, was rejected.

(3.) Brief facts of the case are that the Petitioner joined his service as Assistant Teacher in Primary School, Bagiyali, Pauri Garhwal with effect from 9th August 1967 and continuously worked as such up to 2nd July 1979. He remained on medical leave from 3rd July 1979 to 20th April 1980. He could not join his duties after 20th April 1980 because of his illness. He recovered from his illness only in the month of October 1985 and submitted application dated 25th October 1985 (Annexure-1) for allowing him to join his duties. However, he was not allowed to join. He again submitted an application on 6th November 1985 to the District Basic Education Officer, Pauri Garhwal (Annexure-2). The District Basic Education Officer referred the matter to the U.P. Basic Education Board, Allahabad with the recommendation that Petitioner should be allowed to join his duties. Thus the Secretary vide letter dated 4th January 1986 (Annexure-4) directed that if the age of the Petitioner is between 18 to 45 years he could be re-appointed. In pursuance of the above letter, the Petitioner submitted an application on 22nd February 1986 that he may be given the appointment at the earliest. Vide order dated 11th April 1988 (Annexure-6) the Deputy Secretary U.P. Government directed to provide appointment to the Petitioner on the post of Assistant Teacher. Accordingly, District Basic Education Officer, Pauri Garhwal vide order dated 23rd April 1988 appointed the Petitioner as Assistant Teacher and ultimately the Petitioner joined the said post on 26th April 1988, thereafter he continuously worked as such till the date of his retirement. The Petitioner approached the authorities vide letter dated 21st October 1993 & letter dated 16th May 1998 (Annexure-12 & Annexure-17) for granting him the benefit of continuity of service i.e. for the period he remained out of service. Thereafter Petitioner filed a writ petition in this respect in Allahabad High Court in the year 1999 which was disposed of vide order dated 12th March 1999 directing Director of Education (Basic) U.P. Allahabad to decide the Petitioner's representation dated 16th May 1998 within a period of two months. Pursuant to the direction of the Allahabad High Court, the Director of Education (Basic) U.P. rejected Petitioner's representation vide order dated 6th October 1999 holding that as per government letter dated 20th April 1991 services of the employee stand automatically terminated since he remained absent from duties for a period of more than five years. The Petitioner has challenged the impugned order passed by the Director of Education (Basic) U.P.