Intra-court appeal by the State against a Single Judge's decision quashing termination of a daily-wage Driver and ordering his reinstatement. The Division Bench found the State's lack-of-funds pleadings vague, noted the abrupt termination without hearing, and dismissed the special appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2025:UHC:3533-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J
SPECIAL APPEAL No.495 of 2017
State of Uttarakhand & others
…Appellants
Versus Prem Singh Negi …Respondent Counsel for the appellant/State : Mr. P.S. Bisht, learned DAG. Counsel for respondent None present.
JUDGMENT : ( PER HON’BLE MR. MANOJ KUMAR TIWARI. J)
As per office report, there is a delay of 53 days in filing the appeal.
”Accordingly, writ petition is allowed. The impugned order dated 25.04.2016 is quashed and set aside. Respondents are directed to reinstate the petitioner in service within six weeks from today.”
1
2025:UHC:3533-DB
petitioner in service after 25.04.2016, therefore, his services were terminated.
“8. That earlier to that the petitioner has been paid his remuneration from District Project Education Programme (D.P.E.P.)/Sarve Shiksha Abhiyan/Teachers Education Project that for that project no post of the drivers has been sanctioned and only from the budget available for the project the remuneration has been paid to the petitioner and if the budget is not available then the service of an employee is being terminated. That the petitioner has been engaged for that project run by District Institute of Education and Training (DIET), Almora, District- Almora and has been paid his remuneration from the budget of Sarve Shiksha Abhiyan.
2
2025:UHC:3533-DB
also not given any opportunity of hearing, therefore, learned Single Judge was justified in allowing the writ petition filed against the termination order.
dismissed.
MANOJ KUMAR TIWARI. J.
ASHISH NAITHANI, J.
Dt:06th May, 2025 NR/
3
1 issue framed by the court
Whether termination of a daily-wage driver without stated reason or hearing justified the Single Judge's reinstatement order, despite the State's plea of project fund exhaustion?
State of Uttarakhand
Prem Singh Negi
Manoj Kumar Tiwari
Ashish Naithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
