Since both the writ petitions raise a common issue, the same is being decided together.

2. The petitioner Karunesh Joshi has filed the Writ Petition No.945 of 2007 (S/S) for the quashing of the order dated 18th May, 2006 passed by the District Magistrate, Nainital as well as the order dated 13th June, 2006 passed by the Secretary, Department of Personnel, Government of Uttarakhand and further sought a relief in the nature of mandamus commanding the respondents to give an appointment to the petitioner pursuant to the Government Order dated 11th August, 2004.

3. The brief facts leading to the filing of the writ petition is, that the petitioner contend that he is a permanent resident of Uttarakhand and was an active participant in the agitation for the creation of the State of Uttaranchal (now ‘Uttarakhand’). It is alleged that during the agitation for the creation of the State of Uttarakhand, several residents of this area were injured in the movement and also went to jail. Some of them were seriously injured and were hospitalized and others went to jail. Upon the creation of the State of Uttarakhand on 09th November, 2000, the Chief Minister made a public statement in his