Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5639-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
SPA/635/2018
Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
Mr. M.C. Kandpal, Senior Advocate, assisted by Mr. Chitrarth Kandpal, Advocate for the appellant.
2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel with Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand.
3. This intra-court appeal is directed against final order dated 25.07.2018, passed by learned Single Judge in WPSS No. 4 of 2015. By the said judgment, claim made by appellant for regularisation under Dying in Harness Rules, 1974 was rejected.
4. Learned counsel for the appellant submits that appellant’s husband, who was serving as Chaukidar on daily wages in Forest Department since 1984, passed away on 19.11.2011; thereafter appellant was engaged on daily wages as Chaukidar; and now after serving more than 13 years as daily wager, appellant is entitled for regularisation.
5. Learned State Counsel, however, submits that appellant had claimed benefit of regularisation by invoking Dying in Harness Rules, which are not meant for this purpose. He
2025:UHC:5639-DB submits that appellant can claim regularisation under the Special Rules framed by the State Government for that purpose.
6. Although learned Single Judge has given valid reasons for denying the relief, as claimed by appellant, however, having regard to the fact that appellant has served for more than 13 years as daily wager in Forest Department, we dispose of this Appeal by permitting her to make representation to the Competent Authority, claiming regularisation under the applicable Rules. If, she makes such representation within three weeks from today, the Competent Authority shall examine her claim for regularisation as per law, within four months thereafter.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
02.07.2025 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=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.04 13:44:43 +05'30'