WPSS/2246/2022
2022 Latest Caselaw 3842 UK

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                               WPSS No. 2246 of 2022
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Sunil Upadhyaya, learned counsel for the petitioner.

Mr. P.C. Bisht, learned Additional C.S.C. for the State of Uttarakhand.

Petitioner's father was a person of Nepali Origin, who was employed as Palledar/Peon in the go-down, maintained by Food & Civil Supply at Dwarahat, District Almora. Petitioner's father passed away on 25.11.2012, while still in service. Petitioner applied for compassionate appointment soon after the death of his father on 26.05.2014; however, no decision has been taken on his application. Thus, feeling aggrieved by inaction on the part of the authorities, petitioner has approached this Court seeking the following relief:-

(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representations of the petitioner by considering the candidature of the petitioner under Dying in Harness Rules, 1974.

Learned counsel for the petitioner has referred to a judgment dated 19.07.2022 rendered by coordinate Bench of this Court in WPSS No. 2568 of 2017, in which, the issue as to whether a person of Nepali Origin can be considered for public employment in India was considered.

Learned counsel for the petitioner has informed that in compliance of the said judgment, the writ petitioner was granted compassionate appointment. Thus, he confines his prayer and submits that the Competent Authority be directed to take decision on petitioner's application submitted by him from time to time.

Mr. P.C. Bisht, learned State Counsel submits that petitioner has approached this Court after ten years and due to this delay, he has lost his right for compassionate appointment. He, however, fairly submits that if petitioner's application is pending then decision thereupon shall be taken within eight weeks from today.

Accordingly, writ petition is disposed of by taking the statement made by Mr. P.C. Bisht, learned State Counsel, on record.

(Manoj Kumar Tiwari, J.) 30.11.2022 Aswal