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2026 DAILYLAW 5904 (UTT)

DEVI DUTT v. STATE OF UTTARAKHAND

WPSS/1272/2026 · 2026-05-27

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:4208 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1272/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Harendra Belwal, Advocate for the petitioner. Ms. Mamta Bisht, Deputy Advocate General for the State. 2. Petitioner’s claim for gratuity has been turned down by Divisional Forest Officer, on the ground that petitioner served for less than two years in regular establishment; therefore, he could not be granted gratuity. 3. Learned counsel for the petitioner relies upon a judgment rendered by Division Bench in support of his contention that the entire length of service rendered by daily wager has to be taken into account for payment of gratuity. 4. Learned State Counsel, however, submits that petitioner should have approached the forum under Payment of Gratuity Act, 1972 instead of approaching this Court, if he is relying upon statutory provisions for claiming gratuity. 5. Be that as it may. Since petitioner has made representation which is on record as Annexure-10 to the writ petition, therefore writ petition is disposed of with a direction to Principal Chief Conservator of Forest, to look 2026:UHC:4208 into the representation made by petitioner and take appropriate decision as per law, within ten weeks from date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 27.05.2026 Mahinder/