WPSS/1641/2022
2022 Latest Caselaw 2656 UK

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                               WPSS No. 1641 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 Cane Clerk in Doiwala Sugar Company Ltd., Dehradun, who died in service on 13.08.2018. It is not in dispute that Doiwala Sugar Company Ltd. is owned and controlled by the State Government. Petitioner applied for compassionate appointment on 04.09.2018. His application, however, has not been decided so far. 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.

Mr. S.K. Mandal, learned counsel appearing for the petitioner refers to judgment dated 05.08.2022 rendered in WPSS No. 821 of 2022 & other connected petitions and submits that present writ petition be also decided in terms of the said judgment.

Perusal of the said judgment reveals that Secretary, Cane Development & Sugar was directed to revisit the ban imposed in the 2018 and take appropriate decision.

Since the issue raised by petitioner in the present writ petition is identical one to WPSS No. 821 of 2022, therefore, present 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.) 25.08.2022 Aswal