2026:UHC:185 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 2 2 5 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Ms. Neetu Singh, Advocate, for the petitioner. Mr. Narayan Datt, Standing Counsel, for the State. (2) Petitioner was removed from service vide order dated 15.3.2016, passed by District Education Officer (Elementary), Pauri Garhwal, based on his conviction by the trial court for the offences punishable under Sections 302, 498A IPC and Section 3/ 4 of Dowry Prohibition. According to petitioner, in appeal, the conviction was converted to one under Section 306 IPC, therefore he is entitled for reinstatement. (3) Learned Counsel for the petitioner submits that petitioner has not been paid subsistence allowance and other monetary benefits. She further submits that suspension order was not conveyed to petitioner for about two years. Various other contentions have been made by the petitioner. (4) By means of this writ petition, petitioner has sought the following reliefs: “a. Issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof, quashing the Termination Order dated 15.03.2016 (annexed herewith as Annexure- 9), as violative of Article 311(2) of the Constitution of India and contrary to the law laid down by the Hon'ble Supreme Court in Union of India & Ors. v. Tulsiram Patel & Ors.; AND/ OR b. Issue a writ of mandamus or any other appropriate writ, order or direction in the nature thereof, directing the Respondents to forthwith release and disburse to the Petitioner all the dues lawfully payable to him, including but not limited to: i) Subsistence allowance for the entire 2026:UHC:185 suspension period up to the date of termination, along with interest at the rate of 12% per annum for the period of delay. ii) Gratuity, Leave Encashment, interest on General Provident Fund, Pension, and all other terminal benefits payable to the Petitioner under law, along with interest at the rate of 12% per annum for the period of delay. iii) Reinstatement of the Petitioner into service with all consequential benefits, including continuity of service, seniority, and pay fixation, till the date of his superannuation/ retirement, in light of his acquittal from charges under Sections 302 IPC and the Dowry Prohibition Act; the wrongful termination having been founded on misrepresentation of conviction and on a basis which no longer survives. iv) In the alternative, and without prejudice, direct grant of notional continuity of service till the date of superannuation/ retirement, for the limited purpose of calculation and release of full retiral dues, so as to secure the Petitioner's lawful entitlements; ” (5) Learned Counsel for the petitioner submits that she is not pressing the first relief, as sought in the writ petition. She submits that for payment of subsistence allowance and other monetary/ retiral benefits, petitioner has made a representation. She, however, submits that petitioner be permitted to make a fresh representation. Learned State Counsel submits that he has no objection if the concerned authority is directed to decide petitioner’s representation. (6) Writ petition is, accordingly, disposed of with liberty to petitioner to make a fresh representation highlighting his grievance. If he makes representation within two weeks, decision thereupon shall be taken by the District Education Officer concerned within three months thereafter. ( Man oj Ku m ar Tiw ar i, J.) 6 .1 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195 7BE53, cn=PRABODH KUMAR Date: 2026.01.06 17:37:53 +05'30' 2026:UHC:185