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2025 Supreme(Online)(UK) 3516

HIGH COURT OF UTTARAKHAND
SATNAM SINGH – Appellant
Versus
STATE OF UTTARAKHAND THROUGH SECRETARY SECONDARY EDUCATION CIVIL SECRETARIAT DEHRADUN – Respondent
WPSS 1988 / 2025



Office Notes, reports, orders Wpss or proceedings noSL. Date COURT’S OR JUDGES’S ORDERS or directions and No Registrar’s order with Signatures WPSS No. 1988 of 2025 Hon’ble Manoj Kumar Tiwari, J

1. Mr. K.P. Upadhyaya, learned Senior Counsel assisted by Mr. Pooran Singh Rawat, learned counsel for the petitioner.

2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand.

3. Petitioner is serving as Junior Clerk in a Government Aided Institution, namely, Shri Guru Nanak Girls Inter College, Rudrapur, District Udham Singh Nagar. He is aggrieved by undated order passed by Manager of the said School. By the said order, which is on record as Annexure 36 to the writ petition, services of petitioner have been terminated w.e.f. 05.09.2024.

4. The stand taken by petitioner is that prior approval of the Competent Authority, as contemplated under Regulation 25 Chapter III of the Regulations, framed under School Education Act, was not obtained.

5. Learned State Counsel was asked to get instructions on the said aspect. Mr. Rajeev Singh Bisht, representing the respondents, on instructions, concedes that the Competent Authority has not granted approval to dismissal/removal of petitioner. 6. In view of Statutory Scheme, no teaching/non-teaching employee of a Government Aided Institution, can be removed or dismissed from service, without prior approval from the Competent Authority. It is, in fact, a Statutory protection available to such employee.

7. In such view of the matter, impugned order shall remain stayed. Manager of the School concerned is directed to permit the petitioner to discharge the duties, as before, and also to release his salary.

8. Issue notice to respondent nos. 5 to 8 returnable within four weeks.

9. Steps to be taken within a week.

10. List this case on 18.02.2026.

11. In the meantime, respondents shall file counter affidavits.

(Manoj Kumar Tiwari, J)

12.12.2025 Aswal

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