WPMS/1335/2021
2021 Latest Caselaw 2424 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 14TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1335 of 2021
BETWEEN:

Manish Kumar                            ...Petitioner
     (By Mr. Mohit Kumar, Advocate)

AND:

State of Uttarakhand & others           ...Respondents

     (By Mr. G.S. Negi, learned Additional C.S.C.)


                      JUDGMENT

1. According to the petitioner, he participated in Uttarakhand Rajya Andalon and he has been identified as "Rajya Andolankari". The identity card, issued by the State Government, has been brought on record as annexure no. 1 to the writ petition.

2. Grievance of the petitioner is that the pension, admissible to Rajya Andolankari, has not been released to him.

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

(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to forthwith grant pension to the petitioner, as petitioner being declared State Agitator/Rajya Andolankari from the date when the respondent no. 1/District Magistrate has sent the recommendation i.e. 24.02.2020.

4. Learned counsel for the State, however, submits that pension is not payable to all Rajya Andolankari, and it is payable only to such persons, who fulfil the conditions of eligibility as set out in the Government Orders. He further submits that petitioner does not fulfil the requisite conditions for grant of pension.

5. Without expressing any opinion on the merits of the case, this Court thinks that ends of justice would be met, if District Magistrate, Udham Singh Nagar is directed to take decision on petitioner's representation dated 25.06.2021 within some stipulated time.

6. Accordingly, the writ petition is disposed of with a direction to District Magistrate, Udham Singh Nagar to take decision on petitioner's representation dated 25.06.2021 (Annexure No. 6 to the writ petition) as early as possible, preferably within ten weeks from the date of production of certified copy of this order. Before taking any decision, District Magistrate shall invite comments from concerned Local Intelligence Unit and Sub-Divisional Magistrate concerned.

(MANOJ KUMAR TIWARI, J.) Aswal