WPSS/795/2021
2021 Latest Caselaw 2324 UK

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                                     WPSS No.795 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Harendra Belwal, Advocate, for the petitioner.

Mr. P.C. Bisht, Addl. C.S.C. for the State of Uttarakhand.

The petitioner had preferred this writ petition seeking a writ of mandamus commanding the respondents to treat the services of the petitioner; as a confirmed employee, after having been appointed under the Dying in Harness Rules, from the date of his initial appointment i.e. on 15.03.2011. The petitioner has further prayed for the grant of all consequential benefits, as well as for the directions to the respondents to take a decision on the representation of the petitioner dated 11.06.2021.

The facts which are apparent are, that the late father of the petitioner, who was appointed with the respondents as a "Helper" in the year 1983, was later on placed in a work charge establishment w.e.f. 09.03.1992, and he died in harness on 06.10.2010. Later on, the petitioner was considered for the grant of appointment under the Compassionate Appointment Rules. The petitioner was later on appointed with the Public Works Department, as a "Cleaner" on 15.03.2011. The contention of the petitioner before this Court is that ever since then he is working and since having been appointed under the Dying in Harness Rules, he is entitled for being granted the benefit of a regular employee; as well as that he should be treated as to be the regular employee, in the light of the ratio in the judgment, which has been dealt by this Court in WPSS No.640 of 2021, "Rakesh Singh Vs. State of Uttarakhand" as decided on 11.06.2021 (which would form part of this judgment).

This fact that the issue stands covered by the aforesaid judgment is a fact, which is not denied by the learned Additional CSC for the State.

In that view of the matter, this writ petition, too with the consent of the Counsels, is being disposed of with a direction to the respondents to take a decision on the representation of the petitioner dated 11.06.2021, in the light of the principles laid down in the aforesaid judgment passed by this Court on 11.06.2021 as rendered in writ petition being WPSS No.640 of 2021, "Rakesh Singh Vs. State of Uttarakhand", and the decision would be taken by the respondents within a period of two months from the date of the presentation of the certified copy of this judgment.

Subject to the above directions, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 09.07.2021

NR/