IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 467 of 2011 Smt. Rachana Bisht ….Petitioner. Versus State of Uttarakhand & others …Respondents. Present : Mr. Manish Basnal, Advocate holding brief of Mr. Alok Mehra, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Mr. Sharad Sharma, Senior Advocate assisted by Ms. Indu Sharma, Advocate for Uttarakhand Transport Corporation. Hon’ble Sudhanshu Dhulia, J. (Oral) Delay in filing the rejoinder affidavit is condoned. Delay Condonation Application (CLMA No. 9217 of 2011) is allowed. Rejoinder affidavit filed is taken on record. Heard Mr. Manish Basnal, Advocate holding brief of Mr. Alok Mehra, Advocate for the petitioner, Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand and Mr. Sharad Sharma, Senior Advocate assisted by Ms. Indu Sharma, Advocate for Uttarakhand Transport Corporation. The husband of the petitioner was an office assistant in Uttarakhand Transport Corporation. On 27.2.2004, while the husband of the petitioner was travelling in Transport Corporation’s bus after performing his duties, the bus fell into a valley, as a result of which the husband of the petitioner died on the spot. The husband of the petitioner therefore died in harness on 27.2.2004. The petitioner applied for appointment under the dying in harness rules which are applicable to the petitioner. Since this has not been done, the petitioner has filed the present writ petition. In the counter affidavit, the respondents have not given any fair reasons for denying such an appointment to the petitioner. The reply given in the counter affidavit is basically evasive in nature and no plausible reasons have been assigned 2 as to why even after this inordinate delay no decision has been taken regarding the appointment of the petitioner. It has been admitted by the Senior Advocate Sri Sharad Sharma appearing for Uttarakhand Transport Corporation that the dying in harness rules presently applicable in Uttarakhand Transport Corporation prescribe that appointment can be given to the dependant of an employee of the Corporation, who died while in harness. Therefore, writ petition is disposed of with the directions to the Managing Director, Uttarakhand Transport Corporation to take a decision regarding appointment of the petitioner under the dying in harness rules presently applicable in the Corporation. Since the matter has already been delayed, the Managing Director, Uttarakhand Transport Corporation shall take a decision in this matter within a period of six weeks from the date a representation is placed before him by the petitioner. Writ petition is accordingly disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 12.9.2011 Avneet