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2022 Supreme(UK) 330

VIPIN SANGHI, R.C.KHULBE
Uma Shankar Sharma – Appellant
Versus
Secretary, Training & Technical Education Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Harshpal Sekhon, adv
For the Respondents: Mr. Anil K. Bisht, Mr. Anil Kumar Joshi, Adv

JUDGMENT :

Vipin Sanghi, J.

The petitioner assails the order dated 21.07.2020, passed by the State of Uttarakhand, wherein the stand taken by the State is that the State is not bound by the Office Memorandum dated 29.08.1984 read with communication dated 07.02.1986. The said decision was communicated to the petitioner in consequence of the judgment dated 13.11.2019, rendered in Writ Petition (S/B) No. 611 of 2018, earlier preferred by the petitioner.

2. The background facts may first be noted. The petitioner was serving in Bipin Tripathi Kumaon Institute of Technology, Dwarahat (for short ‘BTKIT’), District Almora, in the capacity of Assistant Registrar. While serving with BTKIT, the services of the petitioner were pensionable under the old pension scheme. He had been confirmed on the post of Assistant Registrar in BTKIT on 04.09.2001. While he was so serving, he on his own found an employment, on contractual basis, as Deputy Registrar of the Motilal Nehru National Institute of Technology, Allahabad, Prayagraj, Uttar Pradesh (for short “MNNIT’). The petitioner routed his application for the post of Deputy Registrar in MNNIT, through proper channel. After his selection, he was appointe

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