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2025 DAILYLAW 14803 (UTT)

CHETAN BISHT v. STATE OF UTTARAKHAND

WPSS/2016/2025 · 2025-11-25

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10475 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2016/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. H.V. Dhanik, learned counsel for the petitioner. 2. Mr. D.K. Bankoti, learned Brief Holder for the State of Uttarakhand. 3. Mr. Rajesh Sharma, Advocate appearing for the respondent- Uttarakhand Forest Development Corporation. 4. Petitioner’s father was employed as Driver in Uttarakhand Forest Development Corporation, who died while in service on 09.09.2017. After his death, petitioner’s mother was given compassionate appointment as Van Upajya Rakshak (Forest Guard), however, she also passed away on 01.09.2018. 5. According to petitioner, after death of his parents, petitioner and his younger sister have become penniless and there is no one to support them, therefore, petitioner had applied for compassionate appointment, however, his application has been turned down only on the ground of delay. 6. Mr. Rajesh Sharma, learned counsel appearing for Corporation, however, submits that since petitioner had applied for compassionate appointment, after attaining age of majority and he attained majority only in the year 2025, therefore, there was some delay on the part of petitioner in making application. He submits that Managing Director of the 2025:UHC:10475 Corporation had simply asked the petitioner to offer justification for exercising special powers available to State Government for condoning the delay in making application, thus, he submits that petitioner’s claim is not rejected as yet and he was simply asked to offer proper justification so that his case may be referred to State Government for condonation of delay. 7. This Court finds substance in the submission made by Mr. Rajesh Sharma, learned counsel for the Corporation. The order impugned in this writ petition is simply a letter, whereby petitioner was asked to offer justification. Thus, there is no scope for interference with the impugned order. 8. The writ petition is, however, disposed of with liberty to petitioner to submit fresh application in which he may give the justification for delay and the special circumstances, which may warrant condonation of delay by the State Government. If petitioner makes such application within two weeks from today, Managing Director, of the Corporation shall forward the application, submitted by petitioner, with his recommendation to the State Government, for decision as per provisions of applicable Rules. (Manoj Kumar Tiwari, J) 25.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d136951 2ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE 58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.25 04:05:48 -08'00' 2025:UHC:10475