The court directed the competent authority to decide on a pending representation regarding reinstatement and subsistence allowance after a previous termination order was set aside and converted to suspension.

Office Notes, reports, orders or proceedings

SL. No. Date or directions and COURT’S OR JUDGE’S ORDERS

Registrar’s order with Signatures

2. Petitioner was appointed as Teacher in a primary school in the year 1992. His services were terminated vide order dated 07.10.2015 which was challenged in a writ petition. That writ petition was allowed vide judgment dated 23.12.2015; termination order was set aside and it was provided that petitioner shall be treated to be on suspension, and the District Education Officer (Primary), Haridwar was directed to conclude enquiry against petitioner within three months.

3. Petitioner contends that after the order dated 23.12.2015, passed by this Court in Writ Petition (SS) No. 2635 of 2015 a suspension order was passed on 15.02.2016, however, neither subsistence allowance has been was paid to petitioner nor any enquiry was held against him.

4. It is submitted that petitioner was terminated from service on the ground that there is some difference in his father’s name in his BTC Certificate. He submits that petitioner applied for correction of name of his father in BTC certificate to the Controller, Departmental Examinations, Allahabad; however, the concerned officer has asked for NOC from petitioner’s employer, but such NOC is not being issued.

5. By means of this writ petition, petitioner has sought the following reliefs:

“a. Issue a writ, order or direction directing the respondents to reinstate the petitioner in service with all consequential benefits.

b. Issue a writ, order or direction directing the respondents to issue No Objection Certificate in favour of the petitioner within a time-bound period and to make necessary correction in the B.T.C certificate of the petitioner.

c. Issue a writ, order or direction directing the respondents to pay subsistence allowance to the petitioner for the suspension period from 2016 till date along with interest.

d. Issue a writ, order or direction in the nature of mandamus directing the respondents to release arrears of salary of the petitioner for the period 2011 to 2015 along with interest.”

6. Learned State Counsel submits that petitioner has approached competent authority by making representation, therefore he can be directed to take decision on the representation.

7. Accordingly, the writ petition is disposed of with a direction to the District Education Officer (Elementary), Haridwar to take decision on the representation made by petitioner on 04.04.2026, as per law, within four weeks from date of presentation of certified copy of this order. District Education Officer shall also examine the issue regarding subsistence allowance of the petitioner.