Rahul Pant vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The case of the petitioner is that the petitioner’s father was working as Anusewak (Class IV employee) at Government Degree College, Berinag, District Pithoragarh. He died on 29.09.2015. The mother of the petitioner wrote a letter to the respondent no.2 for appointing the petitioner on the basis of compassionate appointment scheme because the father of the petitioner was the only earning member in the family. The said letter/ representation was rejected by the respondent no.2 on 19.09.2019. Therefore, the present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“(i) A writ, order or direction in the nature of mandamus commanding the respondents to consider the claim of petitioner for appointment on compassionate ground against any appropriate vacant post in Higher Education Department in the State of Uttarakhand.

(i-a) A writ, order or direction in the nature of certiorari to quash the impugned order dated 19.09.2019 (contained as Annexure No.3 to the writ petition) passed by respondent no.2.

(in compliance of Hon’ble Court’s order dated 05.12.2019).

(ii) Any other order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.

(iii) Award cost of the petition to the present petitioner.”

Heard Mr. Shakti Singh, learned counsel for the petitioner, Mr. C.S. Rawat, learned Chief Standing Counsel for the respondent nos.1 to 3 and Mr. Govind Singh Latwal, learned counsel for the respondent no.4.

Mr. K. K. Pandey, the Director, Higher Education, is present in-person before this Court.

Mr. K. K. Pandey, the Director, submitted that in case the petitioner submits his fresh representation along with the entire relevant documents including succession certificate, the said representation shall be decided within four weeks’ as per The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (as applicable in the State of Uttarakhand).

The said submissions have been accepted by the petitioner and the respondent no.4.

With the consent of learned counsel for the parties, the present writ petition is disposed of setting aside the impugned order dated 19.09.2019 (Annexure No.3 to the writ petition) with a direction that if the petitioner submits his fresh representation along with entire relevant documents including succession certificate and a certified copy of this order, the respondent no.2 shall consider and decide the said representation as per law as expeditiously as possible but not later than four weeks’ thereafter.

It is made clear that this Court has not expressed any opinion on the merit of the case.