The central legal point established in the judgment is that the termination of an employee's service in a Government Aided School/College without obtaining prior approval of the Competent Authority, as mandated by Regulation 25 of Chapter-3 of the 2009 Regulations framed under Uttarakhand School Education Act 2006, is unsustainable in law.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioner’s husband was serving as Class-IV employee in a Government Aided Educational Institution, namely, M.P. Hindu Inter College, Ramnagar, who died during the course of employment on 22.03.2013. Petitioner applied for compassionate appointment. Since there was no vacancy in the college where petitioner’s husband was working, therefore, the Chief Education Officer, Nainital directed the management of another Government Aided Inter College, namely, H.N. Inter College, Haldwani to appoint the petitioner on compassionate grounds. Thus, petitioner came to be appointed as Junior Assistant in H.N. Inter College, Haldwani vide order dated 21.07.2017. According to petitioner, she joined duties in H.N. Inter College, Haldwani on 01.08.2017 and, thereafter, she performed her duties as Junior Assistant, however, by an order dated 18.07.2018, she was placed under suspension by the Manager based on frivolous charges and, thereafter, a charge sheet containing four charges was issued to her by the Manager of the concerned college. Ultimately, the Manager, H.N. Inter College, Haldwani passed an order on 26.11.2018, terminating services of the petitioner. Feeling aggrieved by the termination order, petitioner has filed this writ petition, seeking the following reliefs :

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26-11-2018 passed by the respondent no.3, whereby the services of the petitioner has been terminated (contained as Annexure No.7 to this writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to reinstate the petitioner in her service with continuity of service along with all consequential applicable benefits.

(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay the complete salary/substance allowance to the petitioner w.e.f. July 2018 along with 18% interest from the date of its due till the date of its actual realization.”

2. Learned counsel for the petitioner contends that the order of suspension and also the order terminating service of the petitioner have been passed without approval of the Competent Authority. Thus, according to him, the order of termination dated 26.11.2018 is unsustainable in law. He has relied upon the letter dated 28.02.2019 issued by Chief Education Officer in support of his contention that approval of the Competent Authority was not obtained before passing the termination order.

3. Learned counsel for the petitioner has also drawn attention of this Court to the report dated 20.02.2019 submitted by Enquiry Committee constituted to look into charges levelled against the petitioner, which is on record as Annexure No.2 to supplementary affidavit. The said Enquiry Committee had returned a finding that suspension of petitioner is not tenable in the eyes of law. Learned counsel, thus, submits that the management of the concerned college passed the termination order even without waiting for the report of the Enquiry Committee constituted by Chief Education Officer.

4. Counter affidavit has been filed by Mr. Kunwar Singh Rawat, Chief Education Officer, Nainital. Paragraph nos. 7 to 14 of the said counter affidavit are extracted below :

“7. That the Respondent No. 3 has suspended the services of the petitioner vide letter no. 20 dated 18-07-2018 and send the said suspension order to the office of the answering Respondent on 19-07-2018 for seeking the necessary approval.

8. That in view of the said letter dated 19-07-2018 of the Respondent No. 3, the office of the answering Respondent has constituted the 02 members enquiry committee consisting of Block Education Officer Ramgarh, Nainital and Principal G.I.C Phoolchaur Haldwani, (Nainital) to enquire about the matter of suspension of the petitioner.

9. That the Respondent No. 3 has terminated the services of the petitioner vide order dated 26-11-2018 and the inf