WPSS/508/2022
2022 Latest Caselaw 1002 UK

 IN THE HIGH COURT OF UTTARAKHAND
                            AT NAINITAL
           ON THE 30th DAY OF MARCH, 2022
                                 BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (S/S) No. 508 of 2022


BETWEEN:
Prabhat Singh Panwar.                                             ...Petitioner
     (By Mr. Shubhang Dobhal, Advocate)


AND:
State of Uttarakhand & others.                               ...Respondents
     (By    Mr.    Pooran    Singh    Bisht,   Addl.    C.S.C.    for   the   State   of
     Uttarakhand/respondents)



                              JUDGMENT

Heard learned counsel for the parties.

2. Petitioner's father was a work-charge employee in Irrigation Department, who died on 26.10.2000. Subsequently, petitioner was engaged on compassionate ground as daily-wager in Irrigation Department, w.e.f. 03.06.2014.

3. Petitioner filed Writ Petition (S/S) No. 1407 of 2021 seeking direction to authorities to consider his case for regular appointment. The said writ petition was disposed of with direction to respondent no. 2 to consider petitioner's claim for grant of permanent status under Compassionate Appointment Rules. Pursuant to said order, petitioner made a representation, however, in his representation, petitioner claimed minimum of pay-scale and regularization of his services. The said representation has been rejected by Engineer-in-Chief, by holding that

regularization of services of the petitioner is not possible.

4. In this writ petition, petitioner has challenged the rejection order passed by Engineer-in- Chief on the ground that he misconstrued petitioner's representation by refusing to regularize his services.

5. Learned counsel for the petitioner submits that petitioner had claimed regular status based on Dying-in-Harness Rules. Perusal of representation however indicates otherwise, as there petitioner has claimed regularization of his service.

6. In such view of the matter, order passed by Engineer-in-Chief cannot be faulted. However, having regard to the fact that petitioner's grievance regarding grant of regular status under Dying-in-Harness Rules is yet to be considered, therefore, writ petition is disposed of with liberty to petitioner to make fresh representation to the Competent Authority. If petitioner makes fresh representation within two weeks from today, the same shall be decided, as per law, within eight weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Navin