IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Misc. App. No. 1654 of 2008 IN Writ Petition No. 242 of 2008 (S/S) Noor Mohammad S/o Sri Chidda Khan R/o Village Rajpur P.O. Nadehi District Udham Singh Nagar. ….....Petitioner. Versus State and 3 others. ……….Respondents. Shri Navneet Kaushik, learned counsel for the petitioner. Shri P.C. Bisht, learned Standing Counsel for respondents No. 1 to 3. Shri C.K. Sharma, learned counsel for the respondent No. 4. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondent No. 2 i.e. Kisan Co-operative Sugar Mill, Nadehi, through its General Manager, to consider the case of petitioner for his appointment in place of his father (respondent No. 4) after he left the job, under Dan Veer quota. 3. Learned counsel for respondent No. 4, pointed out that the petitioner is already engaged by respondent No. 2. It is further submitted by him that he has recommended case of his another son for appointment 2 and as such, actually it is a dispute between two brothers for the job, under Dan Veer quota. 4. Having heard learned counsel for the parties and after going through the affidavit, counter affidavit, filed by the parties, this Court thinks it just and proper that the matter should be left to the discretion of General Manager of respondent No. 2 to decide the dispute as to who should be employed in place of Shri Chidda Khan (respondent No. 4), under Dan Veer quota. 5. Accordingly, the writ petition is disposed of directing the respondent No. 2 to decide the representation dated 29.03.2008 (copy of which is annexure-4 to the writ petition) within a period of three months from the date of certified copy of this order is produced before such authority. (Urgency application No. 1654 of 2008, stands disposed of). (Prafulla C. Pant, J.) Dt. 23.07.2008 Sweta 3