WPSS/843/2021
2021 Latest Caselaw 2454 UK

                     Office Notes, reports,
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          Date                                                 COURT'S OR JUDGES'S ORDERS
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                     order with Signatures


      16.07.2021
                                                WPSS No. 843 of 2021
                                                Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Harendra Belwal, Advocate, for the petitioner.

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

The petitioner to the present writ petition has come up with the case that his late father Mr. Diwani Ram, who was appointed with the respondent as Beldar/Anurakshak, was later on placed in a work-charged establishment w.e.f 1986, and subsequently, his services were regularised in the year 1999.

During the service period, he met with the sad demise on 06.11.2009, in harness, and subsequent thereto, the petitioner has applied to be considered for appointment on compassionate grounds, considering his application, the respondents have granted the compassionate appointment to the petitioner on the post of Beldar/Anurakshak on 17.11.2011, though on a daily rated basis. Subsequently, the petitioner had been placed under a work-charged establishment by an order dated 10.05.2012.

The grievance raised by the petitioner in the present writ petition is that, since he being appointed on compassionate grounds on 17.11.2011, he cannot be placed and treated as a daily rated employee, because the compassionate appointments contemplated under the Dying in Harness Rules, has to be made on regular basis.

In support of his contention, he places reliance on a judgment, rendered by this Court in a bunch of writ petitions with leading Writ Petition (S/S) No. 640 of 2021, Rakesh Singh Vs. State of Uttarakhand and others, where this issue was considered by this Court by the judgment rendered on 11.06.2021.

This aspect that the issue raised by the petitioner in the present writ petition stands squarely covered by the said judgment dated 11.06.2021 is not disputed by the learned Standing Counsel, hence, this writ petition to would stand disposed of under the same terms and conditions of the judgment dated 11.06.2021, and the respondents are directed to decide the representation of the petitioner dated 22.06.2021, within a period of two months from the date of the production of the certified copy of this judgment.

Subject to above observation, the writ petition would stand disposed of.

(Sharad Kumar Sharma, J.) 16.07.2021 Mahinder/