IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO.4170 (SS) OF 2001 Hamender Singh, S/o Shri Alam Chand, R/o Mohalla Lal Bara, P.O. & Townj Manglaur Town, Pargana Manglaur, Tehsil Roorkee, District Haridwar. .............Petitioner. Versus District Judge, Haridwar, District Haridwar. .............Respondent. Mr. Rajendra Singh, Advocate for the petitioner. Learned Standing Counsel for the respondent. Dated: 29.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition the petitioner has prayed for a writ of mandamus commanding the respondent to give appointment to the petitioner on a clerical post in the office of the District Judge Haridwar as a candidate belonging to the dependents of the freedom fighter under Section 3 (1) of the Uttar Pradesh Public Services (reservation for physically handicapped, dependants of freedom fighter and ex-service men) Act, 1993, amended with effect from 28.07.1999. Further prayer has been made for a writ of mandamus commanding the respondent to consider the candidature of the petitioner for appointment on clerical post as a candidate of dependent of freedom fighter according to the aforesaid provisions. Briefly stated, an advertisement was published in daily newspaper for recruitment of 25 posts of Class ‘C’ (Clericial) in 2 the office of the District Judge, Haridwar. The petitioner, who is the dependent of the freedom fighter, applied for the post of Clerk being roll number 1095 as candidate of dependent of freedom fighter and other back ward classes and the petitioner has appeared in the written examination held on 27.08.2000. The petitioner belongs to Other Backward Classes being ‘Mali’. The petitioner has submitted that in the earlier recruitment made by the District Judge, Haridwar, there is no appointment of the dependent of freedom fighter. Learned counsel for the petitioner has submitted that sub-section 5 of Section 3 of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, dependants of freedom fighters and ex-service men) Act, 1993 states that on non-availability of the suitable candidate any of the vacancy reserved under Sub-Section (1) remain unfilled it shall be carried over the next year. According to the petitioner, earlier recruitment half post is carried over to this recruitment and half post of this recruitment is available, therefore, one post is available for the dependents freedom fighter under Section 3 of the aforesaid Act. Petitioner has submitted that he has come to know in the last week of June, 2001 that the respondent has filled up 23 posts of this recruitment out of total 25 clerical posts and according to the information received from the office of District Judge, Haridwar, two posts are still vacant. The grievance of the petitioner is that he is not being considered for appointment on clerical post in the office of District Judge, Haridwar as a candidate belonging to the dependents of the freedom fighter under Section 3 (1) of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-service 3 Uttar Pradesh Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-service Men) Act, 1993 amended w.e.f. 28.07.1999 and the candidature of the petitioner for appointment on the said post is not being considered. However, looking to the grievance of the petitioner, liberty is given to the petitioner to move a fresh representation before the authority concerned within a period of two weeks from the date of presentation of the certified copy of the order. A writ of mandamus is issued directing the authority concerned to decide the said representation within a period of four months thereafter considering the grievances of the petitioner. Writ petition is disposed of. No. order as to costs. (Rajesh Tandon, J.) 29.03.2006 Rathour