Neha Aswal vs Government Of Uttarakhand And ...
2021 Latest Caselaw 3563 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Writ Petition (S/S) No. 1143 of 2021

Neha Aswal                                                   .......... Petitioner


                                       Vs.

Government of Uttarakhand and others                     ............ Respondents


Mr. Pankaj Tangwan, Advocate for the petitioner.
P.S. Bisht, Additional Chief Standing Counsel for the State/respondent no.1.

                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

It is the claim of the petitioner that her father was working as Chief Administrative Officer in the office of respondent no.3. Unfortunately, he died on 27.11.2020. Petitioner is a law graduate. She applied for her appointment on compassionate ground. She has been offered appointment to the Class IV post. Petitioner claims that the compassionate appointment is not given to her on a suitable post. The petitioner is entitled to appointment on Group 'C' post, for which, she is eligible also. Petitioner filed a representation dated 11.08.2021 (Annexure No.5 to the writ petition) to the respondent no.3. But, it is the case that it has yet not been decided. The petitioner seeks quashing of the order dated 17.07.2021, by which, she has been offered appointment in Group 'D' post in the office of respondent no.3, with further directions that she be given appointment in the Group 'C' post.

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

3. At the very outset, learned counsel for the petitioner restricts his prayer seeking directions to the respondent no.3 that the representation dated 11.08.2021 (Annexure No.5 to the writ petition) given by the petitioner, may be decided within the stipulated time, in accordance with law.

4. Respondent no.1 is represented before this Court. Respondent nos.2 and 3 are not represented, when this matter is taken up.

5. This Court is of the view that if respondent no.3 is to direct to decide the representation dated 11.08.2021 (Annexure no.5 to the writ petition) within the given time, perhaps for that purpose, it may not be necessary to hear respondent nos.2 and 3. The Court may on his own, fix a reasonable time for its disposal.

6. The writ petition is disposed of with the direction to respondent no.3 to decide the representation dated 11.08.2021 (Annexure No.5 to the writ petition), filed by the petitioner within a period of one month from the date of production of certified copy of this order.

(Ravindra Maithani, J.) 09.09.2021 Sanjay