PUNEET MALKANI Vs. STATE OF UTTAAKHAND & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) Petitioner, who was eligible for appointment as Assistant Teacher in Government Primary School, responded to an advertisement issued by Director, Elementary Education in the year 2014. Petitioner was selected and was offered appointment as Assistant Teacher vide order dated 07.10.2014 and he joined duty in Government Primary School, Dalpura, Block Gadarpur, District Udham Singh Nagar on 16.10.2014. It appears that due to some personal problem, petitioner tendered his resignation on 13.11.2014, which was accepted on 31.03.2015. Thus relationship of 'Master' and 'Servant' between the State Government and the petitioner came to an end on 31.03.2015 when his resignation was accepted.

(3.) Thereafter, another advertisement for the post of Assistant Teacher, Government Primary School was issued by Director, Elementary Education on 17.02.2016. Petitioner again applied in response to this advertisement and was appointed on 21.07.2016 and pursuant to the order of appointment, he joined duties in Government Primary School, Naugaon, District Udham Singh Nagar on 01.08.2016. However, vide order dated 09.02.2017 passed by Deputy Education Officer, Rudrapur, District Udham Singh Nagar, appointment given to the petitioner as Assistant Teacher, Government Primary School, was cancelled on the ground that since petitioner was appointed pursuant to the selection held in the year 2014, therefore, it was not open to the petitioner to again apply for the post of Assistant Teacher, Government Primary School, in terms of advertisement dated 17.02.2016. Presently petitioner is continuing in service on the strength of the interim order dated 23.02.2017.