IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 7034 OF 2001 (S/S) Mahesh Chandra Durgapal …………Petitioner. Versus District Magistrate / Collector, District Almora and others. ……….Respondents. Mr. Bipin Mohan Pingal, Advocate, holding the brief of Mr. Vivek Shukla, learned counsel for the petitioner. Mr. H.M. Raturi, learned Standing Counsel for the respondents. 21.7.2008 Hon’ble P.C. Verma, J. Heard Mr. Bipin Mohan Pingal, Advocate, holding the brief of Mr. Vivek Shukla, learned counsel for the petitioner and Sri H.M. Raturi, learned Standing Counsel for the respondents. 2. By means of present writ petition, the petitioner has challenged the impugned order dated 28.7.1997 passed by the respondent no. 1 / District Magistrate / Collector, District Almora in the interview of the petitioner. Further prayer has been made for a direction to the respondents no. 1 and 3 to appoint the petitioner in one of the posts of fourth class in the permanently physically handicapped person’s quota in District Almora (State of Uttarakhand) in accordance with the direction issued by C.M./Anusachin Secretariat (Vidhayak Koshtak) Sachivalaya Annexi Bhawan, Lucknow. 3. Brief facts of the case are that the petitioner is a 65% handicapped 30 years old, High School failed and Brahmin in cast person, and is also having the handicapped Certificate issued by the C.M.O. Almora on 23.5.1994. He got registered himself in the office of Upper Employment Officer, Ranikhet (Almora), of which Code Number is PH-8/91/X 02-10 dated 02-08-93. The petitioner moved an application for employment under educated permanently handicapped person quota to the then Deputy Minister Bachi Singh Rawat, Almora for Class IV post in District Almora. A copy of the letter was written by the C.M. Lucknow was sent to the concerned District Magistrate, Almora for appointment of 10 candidates in the District Almora. Thereafter, the petitioner also sent an application to the respondent no. 1 for appointment on Class IV post through C.M.O. on 2.1.1995. Thereafter, the petitioner sent an application to Ziladhakari Almora on 29.3.1995 and 1.9.1998, but thereon no action has yet been taken. Further, the petitioner moved an application on 17.4.2001 to C.M. State of Uttarakhand, Dehradun, but no action has been taken. Thereafter, the petitioner sent representations to the respondent no. 1, 2 and 3, but respondents no. 1 and 3 have not replied the same except the respondent no. 2. 4. A counter affidavit has been filed by the respondents no. 1 and 3. In paragraph 6 of the counter affidavit, it has been admitted that due to restrictions made by the State Government, the seats of two reserved category candidates have not been filled up, but it has not been stated that there is post lying vacant for handicapped person. 5. In view of the aforesaid and looking to the grievance of the petitioner, the respondents are directed to issue an appointment letter to the petitioner for Class- IV post, in case post(s) for reserved category handicapped person is/are lying vacant. 6. With the aforesaid directions, writ petition is disposed of finally. No order as to costs. (P.C. Verma, J.) 21.7.2008 Rathour