PANKESHWAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was interviewed for the post of Laboratory Attendant on 20.02.2000. He was offered appointment letter on 8th March, 2000. He joined his duties in Government Senior Secondary School Barial on 13.03.2000. However, the services of the Petitioner were terminated on 7th January, 2002. Petitioner and similarly situate persons assailed their termination orders by filing Original Applications No. 85, 86, 87, 99, 128, 129, 130 and 141 of 2002 before the learned erstwhile Himachal Pradesh Administrative Tribunal. The learned Tribunal allowed these original applications and termination orders of the Petitioner and similarly situate persons were quashed and set aside vide judgment dated 1st March, 2002. However, the learned Tribunal has granted liberty to the Respondent -department to hold an enquiry in the matter and take appropriate action in accordance with law. Respondent -State assailed the judgment dated 1st March, 2002, rendered in the above -cited Original Applications by way of C.W.Ps. No. 1035, 1036, 1037, 1066, 1076, 1077, 521 and 678 of 2002. The Division Bench of this Court up -held the judgment of the Tribunal dated 1st March, 2002, however, issued the following directions vide judgment dated 13th May, 2003:

(2.) IN sequel to the judgment rendered by this Court, the Respondent -State issued show cause notices to the Petitioner and similarly situate persons on 25.08.2003. Petitioner filed reply to the same vide Annexure -PF. Respondent -State, after taking into consideration the reply filed by the Petitioner, terminated him on 29th September, 2003, by invoking Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. He was held entitled to claim pay and allowances at the same rates which was drawn by him immediately before the termination of his services.

(3.) MR . Vikas Rathore, learned Deputy General has strenuously argued that the appointment of the Petitioner was not in accordance with law. He then contended that the Petitioner has been heard as per the directions issued by this Court vide judgment dated 13th May, 2003, by issuing show cause notice on 25th August, 2003.