WPMS/1291/2021
2021 Latest Caselaw 2309 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 8th DAY OF JULY, 2021

                              BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (M/S) No.1291 of 2021

BETWEEN:
  Smt. Anita Sarkar                                   .....Petitioner
       (Mr. B.S. Koranga, Advocate)



AND:

     State of Uttarakhand & Ors.
                                                 .....Respondents

       (Mr. T.S. Phartiyal and Mr. G.S. Negi, Additional Chief Standing
       Counsel for the State)




                           JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioner, her husband was a construction worker, who was registered with Bhavan Evam Anya Sannirman Karmakar Kalyan Board, Dehradun. It is the case of the petitioner that the State Government has framed a scheme, according to which, certain benefits are to be given to construction workers in case of death or illness of a member of the family. It is further the case of the petitioner that her son passed away on 22.08.2019.

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

i) To issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to consider the case of the petitioner for releasing Rs.3,00,000/- in favour of the petitioner under the Building and other construction workmen (Regulation of employment and conditions of service) scheme without any technical objection.

4. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to make a representation to the Competent Authority. If such representation is made within three weeks from today, Competent Authority shall consider petitioner's claim and take appropriate decision, in accordance with law, within a period of three months from the date of receipt of representation along with certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Rajni