2026:UHC:2944 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1303/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Tiwari, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. 3. Mr. Parikshit Saini, Advocate for respondent no. 6. 4. Petitioner is serving as Assistant Teacher, L.T. Grade (Mathematics) in a Government Aided Institution, namely K.L.D.A.V. Inter College, Roorkee, Haridwar, where he was appointed on 14.08.2025. Earlier, he served as Assistant Teacher in a Junior High School in District Chamoli between 24.09.2005 to 13.08.2015. The benefit of past services, rendered in a Government Junior High School was given to petitioner in pay fixation, by the Chief Education Officer, Haridwar, vide order dated 13.01.2026. 5. Learned counsel for the petitioner submits that the order dated 13.01.2016 was issued by Chief Education Officer on the recommendation of the Management of K.L.D.A.V. Inter College. The benefit given to petitioner, vide order dated 13.01.2016, has now been withdrawn and the order, whereby benefit was given has been cancelled by subsequent order issued on 28.07.2025, which is under challenge in this writ petition. 2026:UHC:2944 6. Learned counsel for the petitioner submits that the Secretary, Department of Secondary Education has no business to interfere with an order passed by Chief Education Officer, Haridwar and the competent authority to pass any order in respect of teachers of Government Aided Educational Institutions, is the District/ Chief Education Officer concerned. He further submits that petitioner was not heard while passing the impugned order dated 28.07.2025 and after cancelling the order, earlier passed by Chief Education Officer on 13.01.2016, Secretary, Secondary Education calls upon the Additional Director, Garhwal Division to furnish all necessary documents in respect of the petitioner through Director General for examination at the Government’s level. This according to the petitioner, cannot be sustained and it indicates that Secretary of Secondary Education Department had no material available before him, for cancelling the order issued in 2016, in favour of the petitioner. 7. Learned counsel for the respondents, however, submit that the order impugned in this writ petition, was passed on a representation submitted by petitioner in the year 2024. Thus, they contend that it is not a case where principles of natural justice were violated, as the order was passed on the asking of the petitioner. 8. Learned counsel for the petitioner, however, submits that the explanation offered on behalf of the respondents do not stand to reason, as no person would ever make representation against his own interest. He submits that petitioner 2026:UHC:2944 has never sought cancellation of the order passed in his favour in 2016, and the order impugned has been passed in absolute disregard of principles of nature justice and fair play in action. 9. Be that as it may, since petitioner was not heard by the Secretary, Secondary Education while passing the impugned order, therefore, the said order is liable to be set aside on this ground alone. 10. The writ petition is, accordingly, allowed; the impugned order is set aside and quashed, However, it shall be open to the competent authority to pass fresh order, but only after affording reasonable hearing to the petitioner, within six months. 11. Learned counsel for the petitioner submits that despite the interim order passed by this Court, petitioner was given reduced salary, therefore, he is entitled to the difference, which has not been paid to him. 12. In such view of the matter, the Management of the concerned school is directed to examine the said aspect and pass necessary orders, as per law, within four weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 22.04.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df00 6da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8756 43AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.23 18:12:31 +05'30'