2025:UHC:3326 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1362/2021 Hon'ble Rakesh Thapliyal, J. 1. Mr. Akshay Pradhan, learned counsel for the petitioner (through V.C.). 2. Mr. Rahul Consul, learned counsel for respondent no. 1. 3. Mr. Devesh Ghildiyal, learned Standing Counsel for respondent nos. 2 and 3. 4. In compliance to the previous order Secretary, to the Board joined the proceeding through V.C. 5. By the instant petition the petitioner is challenging the order dated 03.09.2020 whereby the claim of the petitioner for paying financial aid including last ritual expenses to the petitioner on account of death of her husband was denied and rejected. 6. In brief, facts of the case are that the petitioner’s husband Late Dharmendra who died on 24.05.2019 was registered with Uttarakhand Building and Other Construction Labour Welfare Board, in support of which Annexure no. 1 is appended in the petition from which it reveals that the petitioner’s husband registered with the Board on 30.03.2019. The claim of the petitioner was rejected by the order impugned dated 30.09.2020 on the ground that the petitioner has not submitted her application within stipulated period of six months to be computed from the date of death. 7. The rejection has been challenged by the petitioner on the ground that the stipulated period is in fact one year from the date of death and since the 2025:UHC:3326 petitioner’s husband died on 24.05.2019 and the petitioner submitted the application on 30.01.2020, therefore, the application submitted by the petitioner was well within the stipulated period of one year, and as such, the order impugned cannot sustain, since, the application was rejected merely on the ground that the stipulated period for submission of application was six months. 8. The respondents filed their counter affidavits and respondent no. 1 in para 4 of the counter affidavit admit this fact that the husband of the petitioner was registered on 30.03.2019 having registration no. 05070390599969 and a further statement has been given that the husband of the petitioner expired on 24.05.2019 and petitioner submitted the application on 30.01.2020 before the Labour Enforcement Officer, Rishikesh and since, the application of the petitioner was not submitted within stipulated period of six months, therefore, her claim was rejected. The other stand taken by respondent no.1 is that the registration of the husband of the petitioner was not properly done as the data of the biometric of the petitioner’s husband was not entered in the record of the Board. 9. Be that as it may, it is not the case of the respondent that registration of the husband of the petitioner dated 30.03.2019 is forged one, and only stand taken by the respondent is that said registration is not properly done since biometric data of the deceased is not on record and the same stand has been taken by the remaining respondent and only on this count the claim of the petitioner was denied. 10. So far rejecting the claim on the ground that the application was not submitted within stipulated time is 2025:UHC:3326 concerned, same is not sustainable, since, admittedly as per the contention of the respondent the period was extended subsequently. 11. After hearing the arguments of learned counsel for the parties, this Court is of the view that the claim of the petitioner was wrongly denied since the period was already extended from six months to one year and furthermore the husband of the petitioner was registered on 30.03.2019, though, not properly registered, therefore, petitioner is entitled to get the financial aid along with other expenses and since there is delay on the part of the respondents, therefore, the petitioner is entitled to get interest on delayed payment also. It is also informed to the Court that petitioner is having four children. 12. Accordingly, the writ petition is allowed. The order impugned dated 30.09.2020 is hereby quashed. The respondents are directed to disburse the amount of financial aid, as admissible, along with 12% interest on delayed payment to be computed from the date when the petitioner is entitled. 13. The Secretary to the Board submits that within short period the amount will be disbursed. 14. It is made clear that this order will not be treated as precedent in other matters. (Rakesh Thapliyal, J.) 30.04.2025 Parul 2025:UHC:3326