WPSS/841/2021
2021 Latest Caselaw 2439 UK

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                                     WPSS No. 841 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Mr. Harendra Belwal, Advocate for the petitioners.

Mrs. Anjali Bhargava, Addl. C.S.C. for the State of Uttarakhand.

The brief facts, which are involved consideration in the present Writ Petition, are that the late father of the petitioner, who was appointed as Beldar/Anurakshak, with the respondents on 26th July, 1988, after his initial appointment which was that of a daily wager, and later on w.e.f 1st September, 2001, he was placed under the work charge establishment.

The case of the petitioner is that his father, while working in the work charge establishment, had met with the sad demise on 28th September, 2012, and later on, the petitioner, who applied for being appointed on compassionate grounds, was considered and the respondents passed an order on 29th August, 2013, granting an appointment, to the petitioner on the post of Beldar / Anurakshak, under the Dying-in- Harness Rules, but in the capacity of being a daily rated employee.

The contention of the petitioner is that the aforesaid principle that the compassionate appointments, which are to be made under the Dying-in-Harness Rules, are always to be on a regular basis and not as a daily rated employee, is an issue which has been dealt with by this Court in Writ Petition (S/S) No. 640 of 2021, and a bunch of Writ Petitions, decided along with it.

This fact that the issue stands covered by the said judgment is not disputed by the learned Addl. C.S.C., Mrs. Anjali Bhargava.

Hence, this Writ Petition too would stand disposed of in terms of the judgment dated 11th June, 2021, rendered in Writ Petition (S/S) No. 640 of 2021, Rakesh Singh Vs. State of Uttarakhand and others, and the respondents are directed to consider and decide the representation of the petitioner within a period of two months, as directed therein by the judgment of 11th June, 2021.

Subject to the above, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 15.07.2021 Shiv