IN THE HICH COURT OF UTTARAKHAND AT NAINITAL CLMA DELAY CONDONATION APPLICATION NO. 4565 OF 2008 MCC RESTORATION APPLICATION NO. 860 OF 2008 IN WRIT PETITION NO. 6231 OF 2001 (S/S) (old no. 28117 of 1996) Kailash Chandra Semwal ……………………………Petitioner. Versus District Inspector of Schools & Ors. …………..Respondents. Mr. Vinay Kumar, counsel for the petitioner. Mr. H.M. Raturi, learned Standing for the respondents. 25th July, 2008 Hon’ble P.C. Verma, J. Present applications have been filed for condoning the delay in filing the restoration application as well as for recalling the order dated 7.11.2007, whereby the petition has been dismissed in default. Perused the grounds shown for delay in filing the restoration application. Grounds for delay in filing the restoration application are satisfactory. Delay is condoned. Perused the Grounds shown for recalling the order dated 7.11.2007. Grounds in order to recall the order dated 7.11.007 are satisfactory. Order dated 7.11.2007 is recalled. Writ petition is restored to its original number. Both the aforesaid applications are allowed. Heard counsel for both the parties. By means of present writ petition, the petitioner has prayed for a writ of mandamus directing the respondent nos. 1 and 3 to appoint the petitioner on the post of Class- IV employee in the Government Higher Secondary School, Joshiyara,, District Uttar Kashi and further to consider the case of the petitioner and provide him a suitable employment in the district Uttar Kashi. Brief facts of the case are that Mr. Hari Prasad Nautiyal (the maternal grand-father of the petitioner), resident of Village Kotiyal Gaon, Post Office Joshiyara, District Uttar Kashi, in the year 1978 donated his land area 20 Nali to the Government Higher Secondary School, Joshiyara, District UttarKashi with a condition that his dependent shall be appointed on the post of a Class IV employee in the above mentioned institution in the year. The said land was further acquired by the Land Acquisition Officer for construction of Government Polytechnic for the Police Department. When the petitioner become major, Sri Hari Prasad Nautiyal filed a representation on 5th September, 1992 for appointment of the petitioner. In response to that, on 21st January, 1993 and 23rd March, 1993, District Inspector of Schools, Uttar Kashi instructed to Mr. Hari Prasad Nautiyal that whenever the vacancy is advertised, your dependent may apply for the said post. Accordingly, the petitioner applied for Class-IV post to the District Inspector of Schools, Uttar Kashi along with all the necessary documents/certificates on 12th April, 1993. Perused the documents available on the record. The Petitioner has not filed even a single document, whereby, it can be established that the land had ever been granted to the Higher Secondary School, Joshiyara, therefore, no case made out to consider the case of the petitioner. However, it is made clear that the petitioner may move a representation before the Authorities concerned stating therein his grievances, and if such a representation is moved, the same shall be decided within a period of one months from the date of receipt of the representation. Accordingly, the writ petition is disposed of. No order as to costs. (P.C. Verma, J.) 25.7.2008 Rathour