IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 938 of 2004 Raj Kumar …….Petitioner. Versus Uttaranchal Seeds and Tarai Development Corporation Limited & others ……Respondents. Mr. Alok Mehra, Advocate for the petitioner. Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Manoj Sah, Advocate for the respondents. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsel for the petitioner as well as learned counsel for the respondents at length. The petitioner has filed this Writ Petition for appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (from hereinafter referred to as the “Dying in Harness Rules”). The claim of the petitioner is that his father was a sweeper in Uttaranchal Seeds and Tarai Development Corporation Limited which is a Government Company. The father of the petitioner died in harness in the year 2004 but the claim of the petitioner for appointment under the Dying in Harness Rules was rejected on the ground that the mother of the petitioner is also an employee in the “Tarai Sahkari Ganna Vikas Samiti Limited”, Haldi District Udham Singh Nagar where she is working as a sweeper and the brother of the petitioner is also a sweeper in the Tarai Development Corporation. On this, the petitioner states that as far as the brother of the petitioner is concerned he has nothing to do with the family, as he lives separately and has a separate ration card and the mother of the petitioner is only employed as a sweeper in Cooperative Cane Development Society which is not a State nor an instrumentality of the State and, therefore, merely because the mother of the petitioner is employed, it cannot be a basis for not giving appointment to the petitioner under the Dying in Harness Rules. Based on the said pleadings, what is not clear before this Court is as to whether the Tarai Cane Development Society is an instrumentality of the State or not. Prima facie, the Cane Development 2 Society being a primary agricultural society, it cannot be said a State within the meaning of Article 12 of the Constitution of India and, therefore, the reasoning adopted by the respondent for rejecting the claim of the petitioner prima facie appears to be incorrect. Therefore, this Court deems it proper to dispose of the present Writ Petition with the direction to the petitioner to file a fresh representation before respondent no. 1 i.e. the Managing Director, Uttaranchal Seeds and Tarai Development Corporation Limited, Pant Nagar, P.O. Haldi, District Udham Singh Nagar who shall dispose of the representation of the petitioner with a speaking order after considering as to whether the mother of the petitioner is employed in an organisation which is under full control of the Government and then pass the order accordingly. In case “Tarai Cane Development Society”, Haldi, District Udham Singh Nagar, is not under administrative and financial control of the Government then the application of the petitioner under the Dying in Harness Rules shall be considered and disposed of in accordance with law. The petitioner shall file a representation within four weeks from today also with a certified copy of this order, the same shall be disposed of within a further period of six weeks. With these observations, the Writ Petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 12.8.2010 Avneet