Court No. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 6619 of 2001 (Old No. 6386 of 1996) Khim Singh Adhikari aged about 23 years S/o late Shri Padam Singh Adhikari, R/o Village-Suryajala, Post Office-Dogarha, Kathgodam, District- Nainital. ……….. Petitioner Versus 1. The State of Uttar Pradesh through its Secretary in Forest Department, Civil Secretariat, Lucknow. 2. Principal Chief Conservator of Forest, Uttar Pradesh, 17-Rana Pratap Marg, Lucknow. 3. Principal Chief Conservator of Forest, Uttarakhand, Nainital. 4. Chief Conservator of Forest (Kumaon), Nainital. 5. Conservator of Forest Western Circle, Farey Hall, Tallital, Nainital. 6. Divisional Forest Officer, Tarai West Forest Division, Ram Nagar, District- Nainital. …….. Respondents. Sri Bhupendra Bisht and Sri Lalit Tiwari, learned counsel for the petitioner, Sri H.M. Raturi, learned Standing Counsel for the State /respondents. Date: 28th March, 2008 Hon’ble P.C.Verma,J. Restoration Application (MCC) No. 294 of 2008 has been filed by the application / petitioner to recall the order dated 26.02.2008 whereby the petition was dismissed for want of prosecution and to restore the writ petition to its original number. 2. The application is within time. I have perused the affidavit filed in support of the application. The grounds are satisfactory to allow the application. The Application is allowed. Order dated 26.02.2008 is recalled and the petition be restored to its original number. 3. Heard the learned counsel for the parties on the merit of the writ petition. 4. The petition has been filed seeking mandamus commanding the respondents to appoint the petitioner on the post of Forest or in the ministerial cadre under the provisions of the U.P. Recruitments of the Dependents of the Government Servants Dying-in-Harness Rules, 1974. 5. The father of the petitioner late Sri Padam Singh Adhikari died on 30.11.1978 during service. He was posted as Tractor Operator in Tarai West Forest Division, Ram Nagar. The petitioner was minor at the time of death of his father. The petitioner after attaining his maturity and qualifying High School Examination submitted an application on 17.08.1992 for appointment in the office of Divisional Forest Officer, Tarai West Forest Division, Ran Managr. During the course of correspondence in the year 1994 the petitioner has also passed Intermediate examination. The petitioner was given appointment on the post of Forest Guard, a class- IV post, on 15.11.1995 in the Divisional Office in the pay scale of Rs. 825-1200 which he did not join. The petitioner claimed either for the post of Forester or for the post of Clerk on the ground that he has passed Intermediate examination, which is the required qualification for the said posts. The petitioner was given re-appointment on 08.08.1997 in compliance of the Allahabad High Court’s order dated 08.11.1996 on the post of Forest Guard, which he has accepted. 6. The learned counsel for the petitioner submitted that the petitioner was given appointment in compliance of the interim order dated 08.11.1996 and he is working on the post of Forest Guard in the Forest Department since 1997. Since the petitioner has been given appointment and he is working in terms of the interim order though on the post of Forest Guard, no fruitful purpose will be served to alive the petition. 7. Keeping in view the facts and circumstances of the case, the writ petition is disposed of finally. The petitioner shall continue on the post on which he is working. (P.C.Verma,J.) 18.03.2008 P.Singh