Uttarakhand High Court
WPSS/689/2021 on 23 June, 2021
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WPSS No.689 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via video conferencing).
Mr. Harendra Belwal, Advocate, for the
petitioners.
Mr. Sushil Vashistha, Brief Holder, for
the State of Uttarakhand.
The issue, which has been raised by the
petitioners in the present writ petition, is that
after the death of their father, who met with the
sad demise in the year 2009 and 2010
respectively, the petitioners were considered for
appointment on compassionate grounds.
Ultimately by an order dated 01.02.2010 and
15.03.2010, the petitioners were granted an
appointment on compassionate grounds on the
post of "Anurakshak", as daily rated employee.
The petitioners contend that their status
of appointment on compassionate ground,
which was initially a daily rated employee, later
on it was converted into as an employee of
work charge establishment by an order dated
14.05.2012.
The contention of the petitioners is that
in the light of the principles laid down by the
judicial precedents, which has been dealt by me
in Writ Petition (S/S) Nos.325 of 2021, 674 of
2021 and 684 of 2021, it has been a consistent
view of this High Court that the appointments,
which were made on compassionate grounds
they are to be made on a regular basis, and are
confirmed post which they hold.
The petitioners contend that raising their
claim for being granted a regular status, as a
confirmed employee, they have filed a
representation on 07.02.2021 and 10.02.2021
respectively, and the same is still pending
consideration. While on the other hand, one
Smt. Laxmi Dutt, who was also appointed on
compassionate grounds had already been given
a permanent status by an order dated
20.02.2021.
Hence, the petitioners contend that their
claim for grant of permanent status is also
required to be considered on the basis of the
judicial precedents; as well as the benefit which
has been extended to a similarly placed
employee Smt. Laxmi Dutt.
Without venturing into the merits of the
matter, this writ petition too would stands
disposed of in the light of the judgments, which
has been rendered by this Court in Writ Petition
being WPSS No.325 of 2021 as well as in a
Writ Petition (S/S) No.675 of 2020, and the
respondents are directed to consider the
representation of the petitioners and pass an
appropriate orders, within a period of two
months from the date of production of a
certified copy of this judgment, taking into
consideration the principles which has been laid
down by the judgments as referred above, in the
matters of WPSS No.325 of 2021.
Subject to the above observations, the
writ petition stands disposed of accordingly.
(Sharad Kumar Sharma, J.)
23.06.2021
NR/
