WPSS/1618/2022
2022 Latest Caselaw 2632 UK

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      Date    or directions                    COURT'S OR JUDGES'S ORDERS
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                               WPSS No. 1618 of 2022
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. S.K. Mandal, learned counsel for the petitioner.

Mr. Rakesh Kunwar, learned Additional C.S.C. for the State of Uttarakhand.

Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Vinay Bhatt, learned counsel for respondent nos. 2 & 3.

Heard learned counsel for the parties and perused the record.

Petitioner's father was serving as permanent Seasonal Workman in Kishan Sehkari Sugar Mill, Nadehi, District Udham Singh Nagar, who died on 12.04.2020. Petitioner's mother has made an application seeking compassionate appointment of her son (present petitioner) on 02.05.2020, however, General Manager of the concerned Sugar Mill has refused to take decision on the said application on the ground that there is a ban imposed on compassionate appointment by the State Government. Thus, feeling aggrieved, petitioner has approached this Court seeking the following relief:-

(i) Issue a writ order or direction in the nature of mandamus directing and commanding the respondents to consider the compassionate appointment of the petitioner on the suitable post ignoring the Clause 6 of order dated 12.6.2018 and pay him full and regular salary without any technical objection.

Learned counsel for the parties are unanimous that similar controversy has been decided by this Court vide judgment dated 05.08.2022 rendered in WPSS No. 821 of 2022 & other connected petitions.

Mr. S.K. Mandal, learned counsel appearing for petitioner submits that present writ petition may be disposed of in terms of judgment rendered in the aforesaid writ petition.

Mr. T.A. Khan, learned Senior Counsel appearing for Sugar Mill submits that he has no objection if the prayer made by learned counsel for the petitioner is granted.

Accordingly, writ petition is disposed of in terms of judgment dated 05.08.2022 passed in WPSS No. 821 of 2022 and petitioner shall be at liberty to make representation to Secretary, Cane Development & Sugar. If petitioner makes representation within two weeks' from today, the concerned Secretary shall re-visit the ban imposed in the year 2018 and take appropriate decision, as per law and also the situation prevailing as on today, within a period of eight weeks' from the date of receipt of representation alongwith certified copy of this order.

(Manoj Kumar Tiwari, J.) 24.08.2022 Aswal