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2025 DAILYLAW 16163 (UTT)

DAYA KISHAN HARBOLA v. PRINCIPAL CHIEF CONSERVATOR OF FOREST

WPSS/1883/2025 · 2025-11-18

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10201 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 8 8 3 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Jai Krishna Pandey, Advocate for the petitioner. 2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand. 3. According to the petitioner, he was appointed as member of Quick Response Team constituted by Chief Project Director, Uttarakhand Forest Resource Management Project in the year 2019 and he is serving as such ever since then to the satisfaction of all concerned. The grievance raised by the petitioner is that his remuneration has been withheld for certain period without any valid reason or justification and when petitioner made request to release his withheld remuneration, then he was discontinued. 4. By means of this writ petition, petitioner has sought the following reliefs: - “(i) Issue a writ, order, or direction in the nature of mandamus, directing the respondents to release and pay all outstanding dues and arrears of honorarium payable to the petitioner, along with any other consequential benefits legally accruing to him; (ii) Issue a writ, order, or direction in the nature of mandamus, commanding the respondents to consider the petitioner for continuation/ appointment to the post of Member, Wildlife Quick Response Team (QRT) under the Uttarakhand Forest Resource Management Project (JICA), in view of his past service record, experience, and continued necessity of his role”. 5. Learned State Counsel was asked to get instructions. On instructions, he submits that the Quick Response Team, in which petitioner was engaged was funded by Japan International Cooperative Agency (JICA), 2025:UHC:10201 however, after March, 2023, the fund provided by JICA dried-up and petitioner was thereafter engaged under a State Sector Scheme, namely Human Animal Conflict and Gujjar Rehabilitation Scheme and petitioner served in the said scheme till February, 2025; since budget under the said Scheme also dried-up after February, 2025, therefore, petitioner was not continued any further. He, however, submits that as per his instructions, the remuneration due to the petitioner, has been paid. 6. Petitioner has relied upon a contract executed between Forest Range Officer Chhah Khata Range and petitioner and in para 6 thereof the remuneration payable to him is specified as Rs. 25,000/ - per month and in para 5.1, it is mentioned that the contract was initially for a period of 12 months up to 31.03.2025, which may be renewed. 7. Since petitioner has contended that remuneration for the work done by him has not been released, therefore, the writ petition is disposed of by permitting petitioner to approach the Divisional Forest Officer concerned for payment of his pending dues. Petitioner shall also be at liberty to seek re- engagement by approaching the Divisional Forest Officer concerned. If petitioner makes representation within two weeks from today, decision thereupon shall be taken by the DFO concerned, as per law, within six weeks thereafter. ( Man oj Ku m ar Tiw ar i, J.) 18.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.18 17:39:08 +05'30'