IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 1862 of 2007 Madan Singh Negi …Petitioner Versus State of Uttarakhand and others …Respondents Mr. Raman Kumar Sah, learned counsel present for the petitioner. Mr. H.M. Raturi, learned standing counsel present for the respondents. Sudhanshu Dhulia, J. (Oral) Heard Mr. Raman Kumar Sah, learned counsel for the petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand. The petitioner was appointed as a Forest Guard in the year 1987 and he was working as such. Subsequently, in the year 1990 the petitioner met with an accident as a result of which he sustained severe injuries on his both legs consequently, was declared disable and his case was referred to a Medical Board. According to the Medical Board, the petitioner was unable to work as a Forest Guard. During this period, the petitioner moved two letters before the concerned authorities on 19.08.1991 and thereafter on 28.08.1991 in which the petitioner apprised the concerned authorities for his present physical condition and prayed that he is presently under grave financial condition and he is willing to serve in the forest department in any other post. Considering these letters, an order was passed by the concerned Divisional Forest Officer on 31.08.1991, by which petitioner was asked to perform the duties of an “Ardali” i.e. a Peon in the Forest Department. Upon perusal of the order dated 31st August 1991 the petitioner was asked to join his duties as an “Ardali” considering the peculiar facts and circumstances of the case. Since then the petitioner was working on the post of “Ardali”. It was further stated in the said letter that whenever the petitioner gets examined by the Regional 2 Medical Board and produces medical fitness certificate, he shall be considered again for the post of Forest Guard. In the year 2007, the petitioner came to know that he was wrongly assigned work of Peon; then he filed the present writ petition. Prima facie, it is too late as the petitioner to have come up before this Court. Inasmuch as it was his own application that he was assigned the work of “Ardali” considering the peculiar facts and circumstances of the case. However, this Court cannot loose sight of the fact that vide order dated 31st August 1991 the petitioner was asked to perform the work of “Ardali”, not in a permanent manner but this had to be reconsidered considering, with the physical condition of the petitioner in future i.e. if the petitioner was found to be fit in future he may be re- assigned the duties of Forest Guard after obtaining the report of the medical board. This has not been done! In view of the above, the writ petition is disposed of with a direction to the Chief Conservator of Forest, Pauri Garhwal to get the petitioner medically examined by the Regional Medical Board as given in the order dated 31st August 1991 and depending upon the report of the medical board in case the petitioner is physically fit, he may be re- assigned the work of Forest Guard. It is made clear that respondent no. 2 shall pass appropriate orders, as contemplated in the order dated 31st August 1991, as expeditiously as possible but definitely within a period of two months from the date a certified copy of the order is produced before him. With the aforesaid direction, the writ petition is disposed of finally. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 15.09.2011 VKG