Uttarakhand High Court
WPSS/684/2021 on 22 June, 2021
Office Notes,
reports, orders or
proceedings or
SL. No Date
directions and
Registrar's order
with Signatures
WPSS No. 684 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Through Video Conferencing)
Mr. Harendra Belwal, Advocate for the
petitioners.
Mr. P.S. Bisht, Standing Counsel for the
State of Uttarakhand.
The petitioners before this Court contend
after the death of father of petitioner No.1 in
2009 and father of petitioner no. 2, who died
during the course of the employment in 2010, the
petitioners have raised a respective claim for the
grant of appointment, on compassionate ground.
They have come up with the case in the Writ
Petition that on considering the propriety of their
application for compassionate appointment, the
petitioners were appointed and engaged by the
respondents on the post of Anurakshak by the
respective order of 14.02.2010 and 30th June,
2010 respectively.
The petitioners submit that after their
initial appointment on a daily wage basis, later
on their services were placed under the work
charge establishment by an order of 14th May,
2012.
The grievance raised by the petitioners is
that, the appointments, which had been made on
the compassionate ground, they are not to be
treated as to be temporary, but they are rather a
permanent and in support thereto, he has
submitted that this Court has already decided the
controversy, based on the number of judgements
rendered by the Coordinate Benches of this
Court, as well as that of Allahabad High Court
and he submits that raising their claim to be
treated as regular appointment and for
regularization of their services, they have already
represented their respective cases before the
respondents by filing their representation on
05.02.2021 and 08.02.2021, respectively, which
is pending consideration, no decision has been
taken on the same.
This Court had an occasion to deal with
the identical controversy, which was raised by
the petitioner of Writ Petition (S/S) No. 640 of
2021, Rakesh Singh Vs. State of Uttarakhand
and others, which was disposed of directing the
respondents to take a decision on the
representation of the petitioners therein in the
light of the judicial precedence, which has been
recorded in the judgment which was rendered in
Writ Petition (S/S) No. Writ Petition No. 640 of
2021, Rakesh Singh Vs. State of Uttarakhand
and others.
Following the said judgment rendered in
Writ Petition No. 640 of 2021, Rakesh Singh Vs.
State of Uttarakhand and others, this Court
yesterday had decided yet another Writ Petition,
being Writ Petition (S/S) No. 674 of 2021,
Manoj Kandpal Vs. State of Uttarakhand and
others, on the same basis and the principles, as it
has been laid down in the case of Rakesh Singh
(Supra).
In view of the aforesaid, this Writ Petition
too would stand disposed of in the light of the
judgment rendered in Writ Petition No. 640 of
2021, Rakesh Singh Vs. State of Uttarakhand
and others, which would be treated as to be the
guiding factor for deciding the representation of
the petitioners in this Writ Petition also.
Hence, this Writ Petition is being disposed
of with the direction to the respondents to
consider and decide the representation of the
petitioners, within a period of two months from
the date receipt of the certified copy of this
judgment, taking into consideration the
principles which had been laid down in the
judgment rendered in Writ Petition No. 640 of
2021, Rakesh Singh Vs. State of Uttarakhand
and others.
Subject to the above observations, the Writ
Petition stands disposed of.
(Sharad Kumar Sharma, J.)
Dated 22.06.2021
Shiv
