WPMS/241/2022
2022 Latest Caselaw 289 UK

     IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
      ON THE 18TH DAY OF FEBRUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 241 of 2022
BETWEEN:
Asha Devi                                                 ...Petitioner
      (By Mr. Avidit Noliyal, Advocate)

AND:

State of Uttarakhand through
Secretary, Agriculture Govt. of
Uttarakhand Dehradun and Another                      ...Respondents
      (By Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the
      State/respondent no.1 and Mr. N.S. Pundir, Advocate for respondent
      no.2.)


                           JUDGMENT

Heard learned counsel for the parties through Video Conferencing.

2. By means of this writ petition, petitioner has sought the following relief:-

"I. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to consider and decide the application dated 25.09.2021 of petitioner for entry of name of petitioner and her children in the service record of her husband Late Khusali Ram, within stipulated time period as may deem fit and proper by this Hon'ble Court."

3. According to the petitioner, she is legally wedded wife of Late Khusali Ram, who was serving as a Peon in Krishi Utpadan Mandi Samiti, Kashipur and died in harness in the month of May, 2021 due to COVID-19.

4. According to the petitioner, she applied for compassionate appointment and also for family pension, then she came to know that her name is not recorded as dependent in the service-book of Late Khusali Ram.

5. Learned counsel for the petitioner confines his prayer and submits that since petitioner has made representation to the Director, Krishi Utpadan Mandi Parishad to record her name in the service-book of her husband, therefore, the writ petition may be disposed of with a direction to the Director, Krishi Utpadan Mandi Parishad to take decision on petitioner's representation.

6. In para no.11 of the writ petition, it is stated that one Smt. Bhagirathi Devi has also staked claim for the benefits available to wife of the deceased employee by asserting that she is the legally wedded wife of Late Khusali Ram. Thus, there is a dispute as to whether petitioner is the legally wedded wife of Late Khusali Ram or Smt. Bhagirathi Devi is the legally wedded wife of Late Khusali Ram.

7. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Director, Krishi Utpadan Mandi Parishad to consider and decide representation made by petitioner, one way or the other, as early as possible, preferably within six months from the date of production of certified copy of the order alongwith fresh copy of the representation.

8. It goes without saying that before taking any decision, Director, Krishi Utpadan Mandi Parishad shall provide opportunity of hearing to Smt. Bhagirathi

Devi and other stake-holders, if any. Petitioner shall supply postal address of the stake holders to the Director, Krishi Utpadan Mandi Parishad within two weeks.

(MANOJ KUMAR TIWARI, J.) Shubham