2025:UHC:1260 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21ST FEBRUARY, 2025 Writ Petition No. 1032 of 2021 (S/S) Dushyant Singh ...Petitioner Versus State of Uttarakhand and Others …Respondents Counsel for the Petitioner : Mr. Vikas Kumar Guglani, Advocate. Counsel for the Respondent : Mr. T.S. Bisht, Nos. 1 to 3 Deputy Advocate General. Counsel for the Respondent : Mr. Rahul Adhikari, Nos. 4 to 7 Advocate. Hon’ble Alok Kumar Verma,J. The present writ petition under Article 226 of the Constitution of India has been filed with the following prayers :- “Therefore, it is most respectfully prayed before this Hon’ble Court that a writ order or direction in the nature of mandamus may kindly be issued directing the respondents to give job under dying in harness rules as per his educational qualification in pursuance to various application submitted by petitioner before respondents. Any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. Heard Mr. Vikas Kumar Guglani, learned 2025:UHC:1260 2 counsel for the petitioner, Mr. T.S. Bisht, learned Deputy Advocate General for the respondent nos. 1 to 3 and Mr. Rahul Adhikari, learned counsel for the respondent nos. 4 to 7. 3. Mr. Vikas Kumar Guglani, Advocate, appearing for the petitioner, submitted that the case of the petitioner is that the petitioner is the son and dependant of late Chandra Pal Singh, who passed away on 05.08.2015 at Sushila Tiwari Hospital, Haldwani, District Nainital. He was working with the respondents’ department at the time of his death. The petitioner being unemployed had applied under the Recruitment of Dependants of Government Servants Dying in Harness Rules (in short, “Rules”) before the respondents. On 05.04.2021, the petitioner received a letter from the respondent no.3 whereby he directed to the petitioner to submit a copy of death certificate of late Chandra Pal Singh and further directed to submit no objection certificate of other members of his family. The respondents have not taken any decision on the petitioner’s applications. 4. The petitioner has filed a Miscellaneous Application (IA No. 6 of 2024) along with his affidavit and the affidavits of the respondent no.4, respondent no.5, respondent no.6 and respondent no.7. According to the 2025:UHC:1260 3 said affidavits, the petitioner and the respondent nos. 4 to 7 have settled their disputes and as per the settlement, the respondent nos. 4 to 7 have no objection if job, as claimed by the petitioner under the Rules, is given to the petitioner. 5. Mr. Vikas Kumar Guglani, Advocate, has requested on instructions to decide the present writ petition with a direction to the respondent no.2 to decide the fresh representation of the petitioner for job under the Rules in the light of the said settlement and for the said purpose, the petitioner shall move the representation within two weeks’ from today. 6. The said request has not been opposed by the respondents. 7. Mr. T.S. Bisht, learned Deputy Advocate General, on behalf of the respondent no.2, has sought four weeks’ time to decide the representation of the petitioner. 8. With the consent of all the parties, the present writ petition (WPSS No. 1032 of 2021) is disposed of with a direction that in case the petitioner moves a fresh representation with the copies of the Miscellaneous Application (IA No. 6 of 2024) and the said affidavits with a certified copy of this order within a period of two weeks’ from today, the respondent no.2 shall decide the said 2025:UHC:1260 4 representation by a speaking order and in accordance with law within four weeks thereafter. 9. The Miscellaneous Application (IA No. 6 of 2024) and the said affidavits of the petitioner and the respondent nos. 4 to 7 dated 09.11.2024 shall form part of this order. 10. It is made clear that this Court has not expressed any opinion on the merit of the case. __________________ ALOK KUMAR VERMA, J. Dt: 21.02.2025 Shiv/