HIGH COURT OF UTTARANCHAL AT NAINITAL (Court’s order whether the case is or not approved for reporting.) (Chapter VIII Rule 32 (2)(b) Description of the case. WPSS No. 238/2006 Karunesh Joshi Vs State of Uttaranchal Approved for reporting. Not approved for reporting Date of decision 28.2.2006 Initial of Judge IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Civil Writ Petition No. 238 of 2006 (S/S) Karunesh Joshi, S/o Sri Tara Dutt Joshi, R/o 6- 95/2 Nawabi Road, Haldwani, District Nainital. ….. Petitioner. Versus 1- State of Uttaranchal through Secretary, Department of Personnel, Uttaranchal Dehradun. 2- District Magistrate, Nainital District Nainital. ……. Respondents. Sri Sudhir Singh, learned counsel for the petitioner. Learned standing Counsel for respondents. HON’BLE RAJESH TANDON. J. 28.02.2006 Heard Sri Sudhir Singh, learned counsel for the petitioner and learned Standing counsel for the respondents. Both the parties submitted that the petition may be disposed of at the admission state. By the present writ petition the petitioner has prayed for a writ of mandamus directing the respondents to include the name of the petitioner in the list of the persons injured during the Uttarakhand Agitation. Briefly stated, the petitioner is a permanent resident of Nawabi Road, Haldwani and was an active participant in the Uttaranchal agitation held by the people of Uttaranchal demanding the creation of present State. During the Uttaranchal Agitation several persons who have taken part in the same were either arrested or were injured in the ‘lathi charge’ by the police several times. The petitioner also participated in the Uttaranchal Agitation and was also lathi charged by the police. As a result of the said lathi charge, the petitioner was seriously injured and was under the treatment of Dr. P.C. Harbola. The petitioner has submitted that the Uttaranchal Government has passed a Government Order dated 11th August, 2004, in which it is stated that all the persons who were injured or were in jail for 7 days or more, would be provided appointment on the post of Group ‘C’ and ‘D’ Grade as per there educational qualification. The same is quoted below: ^^dkfeZd vuqHkkx&2 nsgjknwu fn0 11 vxLr 2004 foi;% mRrjk[k.M jkT; vkUnksyu ds nkSjku ?kk;y@tsy x;s vkUnksyudkfj;ksa dks lsok;kstu iznku fd;s tkus ds lEcU/k esa A egksn;] mi;qZDr foi; ij eq>s ;g dgus dk funs”k gqvk gS fd mRrjk[k.M jkT; vkUnksyu ds nkSjku ?kk;y gq,@tsy x;s vkUnksyudkfj;ksa dks fofHkUu foHkkxks ds vUrZXkr lsok;ksftr fd;s tkus ds lEcU/k esa “kklu }kjk ;g fu.kZ; fy;k x;k gS fd mRrj[k.M jkT; vkUnksyu ds nkSjku ?kk;y gq, vkUnksyudkfj;ksa rFkk lkr fnu ;k mlls vf/kd vof/k ds fy;s tsy Hksts x;s vkUnksyudkfj;ksa ftudh mRrjk[k.M jkT; vkUnksyu ds nkSjku ?kk;y gksus vkSj lkRk fnu ;k mlls vf/kd vof/k ds fy; tsy tkus ds iqfIV leLr vfHkys[kksa ls leqfpr :Ik ls dj yh x;h gks] dks fofHkUu foHkkxksa ds vUrZxr yksd lsok vk;ksx dh ifjf/k ls ckgj ds lewg x ds inks ij rFkk lewg ?k ds inksa ij mudh “kSf{kd ;ksX;rk ds vuqlkj fu;qfD;k iznku dj nh tk;s A ,slh fu;qfDr;ksa ds lEcU/k esa lEcfU/kr ftykf/kdkfj;ksa }kjk ftys esa leLr foHkkxksa esa miyC/k fjDr inksa dk fpUgkUdu djus ds i”pkr vkUnksyudkfj;ks dh “ksSf{kd ;ksX;rk ds fpUgkUdu djus ds i”pkr vkUnksyudkfj;ksa dh “kSf{kd ;ksX;rk ds vuqlkj mUgs lwphc) djrs gq, mudh fu;qfDr ds lEcU/k esa lEcfU/kr fu;qfDr izkf/kdkjh dks fu;qfDr dh dk;Zokgh djus gsrq funsZ”k Hksts tk;sxs RkFkk mldh lwpuk “kklu dks miyC/k djk;h tk;sxh A ;g dk;Zokgh vkUnksyudkjh dh ?kk;y vFkok tsy tkus dh “kkldh; vfHkys[kks ls leqfpr iqfIV djus ds Ik”pkr dh tk;sxh A 2-eq>s ;g Hkh dgus dk funs”k gqvk gS fd mi;wZDr fu.kZ; ds vuqlkj lsok;kstu fd;s tkus ds mn~ns”; ls leLr lsok fu;ekoyh ds vUrxZr lh/kh HkrhZ }kjk fu;qfDr fn;s tkus dh vk;q lhek ,oa p;u dh izfdz;k dks ,d ckj ds fy;s f”kfFkyrk iznku dh tkrh gSA 3-vkils vuqjks/k gS fd d`I;k mi;qZDr fu.kZ; ds vuqlkj rRdky dk;Zokgh djrs gq, d`r dk;Zokgh ls “kklu dks voxr djkus dk dIV djs A Hkonh;] g0 ¼u`i flag uiyP;ky½ izeq[k lfpo The Governor of State of U.P. called a meeting of Commissioners of Kumaon & Garhwal Region whereby it was decided that all the District Collectors shall prepare the list of the persons who have taken part in Uttarakhand Agitation and the same shall be forwarded tro the Commissioners of their respective regions. In the said meeting it was also decided that the persons who were injured in the police lathi charge but their names are not available in police records and they have taken medical treatment in private hospitals or at home shall also be included in the list of injured persons. The grievance of the petitioner is that he has already made a representation on 29.11.2004 in pursuance of the Government order dated 11.08.2004. The said representation has not been decided. In view of above, liberty is given to the petitioner to approach the Authority, respondent no.1 within a period of two weeks in accordance with the Government order dated 11.08.2004. The respondents are to consider the representation of the petitioner within a period of six weeks from the date of filing of the certified copy of the order. Subject to above observations, the writ petition is disposed of. No order as to costs. (Rajesh Tandon. J) 28.02.2006. Negi