KEDAR NATH Vs. MUKHYA ADHISTHATA, GURUKUL MAHA VIDYALAYA

JUDGEMENT

(1.) This special appeal has been filed by the appellant against the judgment and order dtd. 15/5/2019 passed by the learned Single Judge of this Court in WPSS No. 1952 of 2013.

(2.) Brief facts of the case are that the appellant was appointed as "Sahayak Sanrakshak" in Gurukul Maha Vidyalaya, Jwalapur, District Haridwar on 12/2/1986. Subsequently his services were terminated vide order dtd. 28/5/1990. This order was challenged by the appellant before the High Court of Judicature at Allahabad. However, after the creation of the State of Uttarakhand from the erstwhile State of Uttar Pradesh, the matter stood transferred to this Court and the said writ petition of the appellant was ultimately allowed by this Court on 17/4/2010 and the appellant was directed to be reinstated in service but no back wages was liable to be given to the appellant as did not work for the said period.

(3.) In compliance of the said order, the appellant was offered reinstatement on the post of "Sahayak Sanrakshak" vide order dtd. 4/5/2010. However, since the appellant did not give his joining on the post of "Sahayak Sanrakshak", again a letter dtd. 17/5/2010 was issued to him by respondent no. 1 asking him to join his duties as "Sahayak Sanrakshak", within a period of one week, failing which it shall be deemed that he is not interested in resuming duties.