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2025 DAILYLAW 10547 (UTT)

RAKESH v. STATE OF UTTARAKHAND

WPMS/2532/2025 · 2025-08-27

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7585 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2532/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. B.S. Koranga, Advocate, for the petitioner. Mr. Suyash Pant, Standing Counsel, for the State. Mr. Rahul Consul, Advocate, for the respondent no. 2. (2) According to petitioner, his mother late Phoolvati was registered with Uttarakhand Building and Other Construction Workers Welfare Board and she passed away on 21.2.2021. In case of death of construction workers, who have registered with Welfare Board, certain benefits are given to the dependent family member as per the provision contained in Rule 278 of The Uttaranchal Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005. According to petitioner, he made representation claiming benefits available to him, however no decision has been taken on his representation. By means of this writ petition, petitioner has sought the following relief: “i) To issue a writ order and direction in the nature of Mandamus directing and commanding the Respondents to consider the case of the petitioner for releasing Rs/- 30,0000/- in favour of the petitioner under the Building and other construction workmen (Regulation of employment and conditions of service) scheme without any technical objection.” (3) Mr. Rahul Consul, learned 2025:UHC:7585 Counsel appearing for respondent no. 2, however, submits that date of making application/representation, if any, seeking death assistance has not been indicated by the petitioner. He further submits that as per the rules, the application for assistance death has to be made online, while petitioner appears to have made such application in physical form. He further submits that writ petition can be disposed of by permitting the petitioner to make application through online mode. (4) Accordingly, writ petition is disposed of by permitting the petitioner to submit online application for death assistance, as per rules, within 15 days from today. If she makes such application within stipulated time, the competent authority in the Board shall examine her claim and take decision, as per law, within eight weeks after necessary inquiry as per Rule 279 of the aforesaid rules. (Manoj Kumar Tiwari, J.) 27.8.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957 BE53, cn=PRABODH KUMAR Date: 2025.08.27 18:28:17 +05'30' 2025:UHC:7585