Allowed condonation of delay for responding to a reappointment petition. Directed authorities to consider a fresh representation on reappointment within two weeks and decide within six weeks.
Liberty to file fresh representation within two weeks; Competent Authority to decide within six weeks.
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CLMA No. 6073 of 2019 (Delay Condonation Appl.)
In WPSS No. 246 of 2019 Hon’ble Manoj K. Tiwari, J.
Mr. D.N. Sharma, Advocate for the petitioners.
Mrs. Seema Sah, Brief Holder for the State of Uttarakhand.
Delay condonation application is allowed and the delay in filing counter affidavit is condoned. Counter affidavit filed on behalf of respondent nos. 2 & 3 is taken on record.
Heard learned counsel for the parties. Petitioners are P.R.D. Volunteers, who were engaged in various Government Inter Colleges of Block Okhalkanda, District Nainital. After serving for considerable period of time, petitioners were given marching orders, consequently, they are out of employment for the last several months. It is the contention of the petitioners that they are having unblemished service record and are having wide experience which they have earned while serving in Government Schools, therefore, they have a right for reappointment against available vacancies.
It is the contention of learned counsel for the petitioners that petitioners have represented the matter before the respondent no. 3, however, no decision has been taken on their representation so far.
Learned counsel for the petitioners confines his prayer and prayed that writ petition may be disposed of by permitting the petitioners to file fresh representation to the Competent Authority, who shall take appropriate decision thereupon, in accordance with law, within stipulated time frame.
Accordingly, writ petition is disposed of with liberty to the petitioners to make fresh representation within two weeks from today. If such representation is made, the Competent Authority shall examine the claim of the petitioners and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt of such representation along with certified copy of this order.
(Manoj K. Tiwari, J.) Arpan 09.05.2019
3 issues framed by the court
Whether delay in filing counter affidavit to the writ petition should be condoned?
Whether a fresh representation should be allowed to the Competent Authority for reappointment?
Whether the Competent Authority should time-bound examination of the petitioners' claim?
Petitioners (P.R.D. Volunteers)
State of Uttarakhand
Manoj K. Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
