STATE OF UTTARAKHAND Vs. VINITA VERMA

JUDGEMENT

(1.) The present Special Appeal is directed against the judgment rendered by the learned Single Judge in Writ Petition (S/S) No. 444 of 2016, whereby the learned Single Judge has allowed the said Writ Petition, and directed the appellants to include the period between 4/11/2005 and 31/1/2007 in the length of service of the respondent-writ petitioner for all practical purposes/ benefits.

(2.) The brief facts of the case are that the respondent was initially appointed as Assistant Teacher (LT Grade) in Girls Inter College, Kanda, District Bageshwar. While she was serving in that post, an advertisement was issued by the Uttaranchal Tourism Development Council for appointment on the post of District Adventure Sports Officer, on contractual basis, for a period of five years. The respondent applied for the said post, and was selected for a period of one year on contractual basis, vide appointment letter dtd. 7/9/2005. The respondent sought permission of the appellants, and the appellants issued a No Objection Certificate to enable the respondent to join the said position on contractual basis. She was relieved by the Joint Director, Education Department, vide order dtd. 27/10/2005. Thereafter, she joined her duties in the Uttaranchal Tourism Development Council. Since the respondent had not resigned from her post of Assistant Teacher (LT Grade), she was asked to resign from the said post by the Uttaranchal Tourism Development Council. Due to the said objection raised by the Uttaranchal Tourism Development Council, the appointment granted to the respondent, by the Uttaranchal Tourism Development Council, was withdrawn.

(3.) The respondent challenged the cancellation of her appointment before this Court by filing Writ Petition (S/B) No. 146 of 2006. The said Writ Petition was allowed by this Court on 19/6/2006. However, the Special Leave Petition preferred against the said judgment was allowed by the Supreme Court. The Supreme Court, however, directed that, for the period that the respondent had worked with the Uttaranchal Tourism Development Council, she should be paid her salary. The respondent, then rejoined her parent department, i.e. the appellants, on 6/2/2007, and continued to work as Assistant Teacher (LT Grade). She, then, preferred the Writ Petition in question to claim the relief that the appellants should include the period with effect from 4/11/2005 to 31/1/2007 in her length of service. As aforesaid, the learned Single Judge has allowed the Writ Petition.