TRILOCHAN PRASAD NAUTIYAL Vs. GARHWAL MANDAL VIKAS NIGAM

JUDGEMENT

(1.) The petitioner was an employee of Garhwal Mandal Vikas Nigam (from hereinafter referred to as GMVN) and his services were terminated vide order dtd. 28/4/2011. Aggrieved the petitioner had filed the writ petition being WPSS No.444 of 2011 before this Court, which was disposed of by this Court vide order dtd. 12/8/2014 in terms of judgment and order dtd. 2/4/2013 passed in Special Appeal No.356 of 2012 Babita Badola Vs. State of Uttarakhand and others.

(2.) Thereafter the petitioner was given joining. Subsequently, however, the services of the petitioner have again been terminated vide order dtd. 12/8/2016 which he has challenged in the present writ petition.

(3.) Learned counsel for the petitioner submits that similarly situated person had approached this Court by filing a writ petition being WPSS No.443 of 2011 where certain relief as to the salary was given by this Court vide order dtd. 24/2/2012. Still aggrieved, the petitioner in that writ petition filed a special appeal being SPA No.356 of 2012 before the Division Bench of this Court, wherein the Division Bench of this Court allowed the appeal of the appellant and directed the respondent authorities to take back the appellant in employment. However, it was further made open that for the purposes of continuance of the appellant into service, the respondents will take into consideration the performance of the appellant and take an appropriate decision in that regard. In pursuance to the said order, the respondents constituted a two-member Appraisal Committee. The Committee so formed rejected the claim of some of the petitioners, who filed writ petitions before this Court which were allowed by a learned Single Judge of this Court vide order dtd. 3/12/2018. The relevant paragraphs of the said judgment read as under