SANTOSH GAURAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Miscellaneous application (IA No. 7116 of 2019) is allowed. Counter affidavit filed on behalf of respondent nos. 1, 2 and 4 is taken on record.

(2.) Rejoinder affidavit filed on behalf of the petitioner in the Court today is also taken on record.

(3.) The petitioner was appointed as a Vice-Chairperson of the Uttarakhand State Safai Karmchari Commission on 22/4/2015. The term of the petitioner was for a period of three years. Meanwhile, due to the change in regime in the State of Uttarakhand, the new dispensation cancelled the appointment of the petitioner vide order dtd. 29/3/2017. This order was challenged by the petitioner before this Court by filing a writ petition being WPMS No. 710 of 2017 where earlier an interim order was granted in favour of the petitioner by this Court on 10/4/2017 and ultimately that writ petition of the petitioner was allowed by this Court vide judgment and order dtd. 11/7/2017 and the impugned order was quashed. Against the order dtd. 11/7/2017, the State filed a special appeal before a Division Bench of this Court where the special appeal of the State was also dismissed vide order dtd. 26/7/2018. All the same, due to passage of time meanwhile the term of the petitioner which was for a period of three years already came to an end on 18/5/2018, and therefore, logically itself the petitioner cannot be in office as of now. The State Government in its wisdom, however, has given a salary and incentive to the petitioner, a part of which is paid to the petitioner.