High Court · 2025

Counsel for t he Pet it ioner : Mr. Vikas Kum ar Guglani, Advocat e. Counsel for t he Respondent : Mr. T.S. Bisht , Nos. 1 t o 3 Deput y Advocat e General. Counsel for t he Respondent : Mr. Rahul Adhikari, Nos. 4 t o 7 Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present writ pet it ion under Art icle 226 of t he Const it ut ion of I ndia has been filed wit h t he following prayers : - is m ost “ Therefore, respect fully prayed before t his Hon’ble Court t hat a writ order or direct ion t he nat ure of m andam us m ay kindly be issued direct ing t he respondent s t o give j ob under dying in harness rules as per his educat ional qualificat ion t o various applicat ion subm it t ed by pet it ioner before respondent s. Any ot her order or direct ion which t his Hon’ble Court m ay deem t he circum st ances of t he case.” fit and proper in pursuance 2 . Heard Mr. Vikas Kum ar Guglani, learned 1 counsel for t he pet it ioner, Mr. T.S. Bisht , learned Deput y Advocat e General for t he respondent nos. 1 t o 3 and Mr. Rahul Adhikari, learned counsel for t he respondent nos. 4 t o 7. 3 . Mr. Vikas Kum ar Guglani, Advocat e, appearing t he pet it ioner, subm it t ed t hat t he case of t he pet it ioner is t hat t he pet it ioner is t he son and dependant lat e Chandra Pal Singh, who passed away on

05.08.2015 at Sushila Tiwari Hospit al, Haldwani, Dist rict Nainit al. He was working wit h t he respondent s’ depart m ent at t he t im e of his deat h. The pet it ioner being unem ployed had applied under t he Recruit m ent of Dependant s of Governm ent Servant s Dying in Harness Rules ( in short , “ Rules” ) before t he respondent s. On

05.04.2021, t he pet it ioner received a let t er from t he respondent no.3 whereby he direct ed t o t he pet it ioner t o subm it a copy of deat h cert ificat e of lat e Chandra Pal Singh and furt her direct ed t o subm it no obj ect ion cert ificat e of ot her m em bers of his fam ily. The respondent s have not t aken any decision on t he pet it ioner ’s applicat ions. 4 . The pet it ioner has filed a Miscellaneous Applicat ion ( I A No. 6 of 2024) along wit h his affidavit and t he affidavit s of t he respondent no.4, respondent no.5, respondent no.6 and respondent no.7. According t o t he 2 said affidavit s, t he pet it ioner and t he respondent nos. 4 t o 7 have set t led t heir disput es and as per t he set t lem ent , t he respondent nos. 4 t o 7 have no obj ect ion if j ob, as claim ed by t he pet it ioner under t he Rules, is given t o t he pet it ioner. 5 . Mr. Vikas Kum ar Guglani, Advocat e, has request ed on inst ruct ions t o decide t he present writ pet it ion wit h a direct ion t o t he respondent no.2 t o decide t he fresh represent at ion of t he pet it ioner for j ob under t he Rules in t he light of t he said set t lem ent and for t he said purpose, t he pet it ioner shall m ove t he represent at ion wit hin t wo weeks’ from t oday. 6 . The said request has not been opposed by t he respondent s. 7 . Mr. T.S. Bisht , learned Deput y Advocat e General, on behalf of t he respondent no.2, has sought four weeks’ t im e t o decide t he represent at ion of t he pet it ioner. 8 . Wit h t he consent of all t he part ies, t he present writ pet it ion ( WPSS No. 1032 of 2021) is disposed of wit h a direct ion t hat in case t he pet it ioner m oves a fresh represent at ion wit h t he copies of t he Miscellaneous Applicat ion ( I A No. 6 of 2024) and t he said affidavit s wit h a cert ified copy of t his order wit hin a period of t wo weeks’ from t oday, t he respondent no.2 shall decide t he said 3 represent at ion by a speaking order and in accordance wit h law wit hin four weeks t hereaft er. 9 . The Miscellaneous Applicat ion ( I A No. 6 of 2024) and t he said affidavit s of t he pet it ioner and t he respondent nos. 4 t o 7 dat ed 09.11.2024 shall form part of t his order. 1 0 . I t is m ade clear t hat t his Court has not expressed any opinion on t he m erit of t he case. Dt : 21.02.2025 Shiv / _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 4