Km. Vinita Balaudi vs State Of Uttarakhand And Others
2021 Latest Caselaw 860 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No. 413 of 2021

Km. Vinita Balaudi                                              ...... Petitioner

                                       Vs.

State of Uttarakhand and Others                               ..... Respondents


Mr. Suresh Chandra Bhatt, Advocate for the petitioner.
Mr. Sushil Vashisth, Brief Holder for the State of Uttarakhand/respondents.



                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Petitioner claims appointment on companionate ground. According to the petitioner, her father was working with the Public Works Department of the State, while on duty, on 19.08.2019, he died. Earlier, a petition ("WPSS No.734 of 2020"), was filed by the petitioner which was decided subject to the liberty having being given to the petitioner to get an appropriate declaration made to the effect that, "Gopal Dutt" and "Girish Chandra Balaudi", happens to be one or the same person, from the competent court. In fact, in its order dated 23.07.2020, passed in WPSS No.734 of 2020, at one stage, the Court also observed, "that would always be subject matter, which has to be adjudicated in a regular proceedings in the civil court or on an administrative side." It so happened that thereafter the petitioner obtained a certificate from Sub Divisional Magistrate, but the department again did not consider her appointment on the ground that the petitioner had not complied with the directions of the Court. It definitely indicates the declaration of the competent court.

2. Heard learned counsel for the parties and perused the record.

3. At the very outset, learned counsel for the petitioner seeks permission to withdraw the writ petition with the liberty to seek

declaration of the status of the petitioner and thereafter, to approach the department again.

4. Liberty is granted.

5. The writ petition is dismissed as withdrawn with the liberty to the petitioner to seek appropriate declaration from the competent court and thereafter, to approach the department once again for her appointment.

(Ravindra Maithani, J.) 12.03.2021 Sanjay