Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 10653 (UTT)

SAPNA RAY v. STATE OF UTTARAKHAND

WPMS/2531/2025 · 2025-08-27

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7584 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2531/2025 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, her husband late Shri Vishwjeet Ray was registered with Uttarakhand Building and Other Construction Workers Welfare Board and he passed away on 13.11.2020. 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, she applied for benefits available to her by making an application on 20.7.2021, however no decision has been taken on her application. 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.” 2025:UHC:7584 (3) Mr. Rahul Consul, learned Counsel appearing for respondent no. 2, however, submits that there is some confusion regarding the date on which the petitioner made the application seeking death assistance. 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198 d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FC A58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.27 18:29:04 +05'30' 2025:UHC:7584