WPSS/2298/2023
2025 Latest Caselaw 2561 UK

Uttarakhand High Court

WPSS/2298/2023 on 19 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                  2025:UHC:7320
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/2298/2023
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. Harendra Belwal, learned counsel for the petitioner.

2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand.

3. According to petitioner, he was engaged as a daily wager in Forest Division, Nainital in the year 1986; he was given regular appointment as Forest Guard w.e.f. 22.11.2008 and he ultimately retired from the post of Forester in 2020. According to petitioner, he is entitled to Gratuity for the entire service, including those rendered as daily wager. However, the said benefits have not been given to him.

4. Learned counsel for the petitioner relies upon a judgment dated 14.07.2020 rendered by learned Single Judge of this Court in WPSS No. 1653 of 2019. He submits that the said judgment was implemented and entire benefits were given to other daily wage employees. He further submits that writ petition may be disposed of by permitting petitioner to make a representation and the Competent Authority be directed to take decision thereupon in the light of the aforesaid judgment.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the Competent 2025:UHC:7320

Authority. If he makes representation within two weeks from today, decision thereupon shall be taken by the Competent Authority within four months thereafter. If petitioner is found entitled to Gratuity, even for the services which he rendered as a daily wager, then the monetary benefits shall be paid to him, within two weeks from the date of passing of the order by the Competent Authority.

(Manoj Kumar Tiwari, J) 19.08.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f0747700 5aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2C

ASWAL E3D26F5C22DACF4F4610C1FE58A58531726F BB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.19 04:50:06 -07'00'