WPSS/706/2021
2021 Latest Caselaw 2050 UK

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                                      WPSS No.706 of 2021

                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. Harendra Belwal, Advocate for the petitioner.

Mrs. Indu Sharma, Brief Holder for the State of Uttarakhand.

The petitioner in the present writ petition has come up with the case that the mother of the petitioner, who was working with the respondents, had died in harness in 2017. The petitioner accordingly, has raised a claim for consideration of his appointment on compassionate ground, as Beldar/Anurakshak.

The respondents after considering the veracity of the entitlement of the petitioner to be appointed on compassionate grounds had rather granted him the appointment under the Harness Rules on 08.06.2018. But however, the nature of the appointment has been placed as to be as a daily rated employee.

The petitioner's contention is that raising his claim that the appointments made on compassionate grounds, has had to be on regular basis. He has raised a claim before the respondents by filing a representation on 19.03.2021, praying therein that he may be treated as to have been regularly employed ever since 08.06.2018, and all service benefits may be extended to him, as that being paid to a regular employee. He submits that the issue stands covered by the judgment which has been rendered by this Court in a bunch of writ petition with leading a Writ Petition No.640 of 2021 (S/S), Rakesh Singh vs. State of Uttarakhand and others, which was decided by this Court by the judgment of 11.06.2021, based on the various judgments, which had been rendered by the Allahabad High Court, as well as this Court also.

This fact that the issue involved and raised in the present writ petition stands covered by the aforesaid judgment of 11.06.2021, is not the fact, which is denied by Mrs. Indu Sharma, Brief Holder appearing for the respondents.

Hence, this writ petition would stand disposed of in terms of the judgment of 11.06.2021 as rendered in Writ Petition No.640 of 2021 (S/S) Rakesh Singh vs. State of Uttarakhand and others. The respondents are directed to take a decision on the representation of the petitioner under the principles as laid down above.

Subject to the above, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 25.06.2021 Arti `