Kusum Devi vs State Of Uttarakhand And Others

Ravindra Maithani, J

It is the case of the petitioner that her husband was working with the Public Works Department, who did on 14.04.2013 while still in service. Petitioner was given appointment on compassionate ground on daily rated basis. The services of the petitioner should have been as a confirmed employee under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. Since, petitioner is not granted her status, hence, she is before this Court.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner would submit that the controversy is squarely covered by the judgment of this Court in WPSS No.75 of 2021, Laxmi Datt vs. State of Uttarakhand and others, decided on 12.01.2021.

He would submit that liberty may be given to the petitioner to make a fresh representation to the respondents authorities within a period of 10 days with the further directions to the respondents to decide the representation within the given time.

Learned State counsel gives a statement that in case, such a representation is made by the petitioner, decision will be taken on it within a period of eight weeks from the receipt of the representation.

The Court takes on record the statement given by the learned State counsel.

The writ petition is disposed of with the liberty to the petitioner to make a representation to the respondents authorities within a period of 10 days from today with further directions to the respondents that upon such representation having been made, that shall be decided within a period of eight weeks thereafter.