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2016 DIGILAW 829 (UTT)

Gaurav Kumar v. State of Uttarakhand

2016-11-15

SUDHANSHU DHULIA

body2016
JUDGMENT : 1. The petitioner is working as a Forest Guard in the Forest Department. He was appointed as Forest Guard after completing three seasons as a Seasonal Labour. The appointment of the petitioner is dated 04.10.2013 and thereafter vide order dated 31.03.2016 his services have been terminated without assigning any reason. It is this order, which has been challenged by the petitioner in the present writ petition before this Court. 2. The case of the petitioner is that prior to terminate his services, he was given a show cause notice on 23.11.2015 by the Deputy Director, Rajaji National Park, Dehradun stating therein that the petitioner was appointed as Forest Guard and thereafter, it was found that at the time of his appointment as a Seasonal Worker on 01.04.2008 he was less than 18 years of age and therefore, he could not be appointed as a Seasonal Labour. The second ground for terminating his services is that he has done his High School from Council of Higher Secondary Education, Delhi, which is not recognized in the State of Uttarakhand. These are the two grounds given in the show cause notice. The petitioner gave reply to the said show cause notice on 07.12.2015 wherein he has specifically stated that he started working as a Seasonal Labour in the year 2008 after completing 18 years of age. He has not submitted any High School Certificate of Delhi since he has done his Higher Secondary from Uttar Pardesh Board wherein his date of birth is mentioned as 03.10.1988. Hence at the time of his appointment, as a daily rated worker in the year 2008, he was 20 years of age. The termination order dated 31.03.2016 on the other hand, as we have already observed, is a non speaking order where no reason has been assigned by the authority concerned. Aggrieved by the said order, the petitioner preferred present writ petition. 3. Counter affidavit has been filed by the respondents. In the counter affidavit, the State Government has taken a new ground that the services of the petitioner were terminated as in an enquiry it was found that the petitioner has not completed three years of regular service as a Seasonal Worker. Admittedly, it is one of the mandatory conditions for appointment on the post of Forest Guard that a person must complete three years of regular service as a Seasonal Worker. Admittedly, it is one of the mandatory conditions for appointment on the post of Forest Guard that a person must complete three years of regular service as a Seasonal Worker. The contention of the petitioner here is that even this charge is wrong, as prior to his appointment as a Forest Guard in the year 2013, the petitioner has completed three years as Seasonal Worker i.e. 2008 to 2011. 4. However, this Court is not going into this aspect for the simple reason that the petitioner has been duly appointed on 04.10.2013 and he has served more than two years as Forest Guard. Later his services have been terminated. The reason given in show cause notice was that at the time of his initial appointment as a Seasonal Worker in the year 2008 he has not completed 18 years of age. This is factually incorrect, and it is also admitted in the enquiry report as well. 5. The contention of the petitioner is that his date of birth in the High School Certificate is 03.10.1988, which he has done from Uttar Pradesh Board and he has submitted the same at the time of his appointment. Therefore, the two charges that he was less than 18 years of age at the time of his joining as Seasonal Labour are not correct. Moreover, he has done his High School from Delhi Board, which is not a recognized institution is also factually not correct, as he has done his High School from the Uttar Pradesh Board. The termination order in any case is non-speaking order, which does not assign any reason. 6. Termination of petitioner’s services have been done on entirely different grounds than what were assigned in the show cause notice. In view of this, the writ petition succeeds. The impugned order dated 31.03.2016 is hereby quashed.