IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 410 (SS) OF 2006 1. Jagdish Singh, S/o late Sri Ram Singh Bisht, R/o Village Malla Kirada, P/o Kirada District-Almora, Uttaranchal. 2. Smt. Naryani Devi, W/o late Sri Ram Singh Bisht, R/o Village Malla Kirada, P/o Kirada District-Almora, Uttaranchal. ……Petitioner. Versus 1. The State of Uttaranchal, through Secretary Forest Department, Dehradun. 2. Chief Conservator of Forest, Garhwal, Dehradun 3. Conservator of Forest, Bhagirathi Circle, Uttaranchal, Muni Ki Reti, Tehri Garhwal.. 4. Divisional forest Officer, Soil Conservation, Division Uttarkashi. ……….Respondents. Mr. A.D. Tripathi, Advocate for the petitioner. Learned Standing Counsel for the State. Dated: 27.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order-dated 23rd January, 2004 issued by the respondent no. 1 (Annexure No. 8) by which the claim of the petitioner was rejected on the ground of efflux of time. Further prayer has been made for a writ of Mandamus directing the respondent no. 2 & 4 to decide the 2 representation of the petitioner and give employment to her/son as the application was filed in time on 15.11.1995, 20.12.1999 and 18.10.2000 by them respectively. 2. Briefly stated, petitioner no. 1 is the son and petitioner no. 2 is the widow of late Sri Ram Singh Bisht who died during service on 21.10.1993 from the post of Forest Guard. On 15.11.1995, the widow of the deceased employee had given an application which was received in the office of the respondent no. 4 praying therein that she may be given regular appointment under the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 in District Almora. 3. The respondent no. 4 vide its letter dated 28.11.1995 replied that the deceased employee was working in the Bhagirathi circle, so he has no power to give her appointment at District Almora under the Rules and she was directed to give an application to the Chief Conservator of Forest, for which he is empowered. 4. Petitioner no. 2 give an application for appointment under the Rules of 1974 to the Chief Conservator of Forest and also gave an application to the respondent no. 4 praying that her elder son Jagdish Singh (the petitioner) has become major and he may be given appointment under the said rule, which was again replied by the respondent vide its letter dated 18.10.2000 with a direction to file an application when her son becomes major. 5. The respondent no. 4 again vide its office letter No. 545/13-1 dated 21.10.2000/26.02.2001 directed the widow of the deceased employee to submit no objection certificate, educational qualification certificate and death certificate in the office of the respondent no.4. 3 6. The mother of the petitioner submitted requisite papers as required by the respondent no. 4 in its office, such as death certificate, no objection certificate educational qualification certificate. 7. Respondent no. 4 after receiving the papers, wrote a letter bearing No. 1410/13-1 dated 14th March, 2001 to the Chief Conservator of Forest Garhwal Uttaranchal State, Dehradun stating that according to the G.O. 6/12/73 & 10/2/93 dated 16.04.1993 Smt. Narayani Devi (petitioner no. 2) had given an application for appointment within the limit of five years from the death of the employee under the Rules 5(1) (3) of the Rules. 8. Learned counsel for the petitioner has submitted that the State has rejected the claim in a casual manner vide its order dated 23rd January, 2004 without considering the facts and the reasons deposed by the respondent no. 2. 9. However, liberty is given to the petitioners to file a fresh representation within a period of two weeks stating their grievances. If such a representation is filed the same shall be disposed of by the respondents in the light of the no objection certificate dated 14th March, 2001 filed as Annexure No. 6 within a period of two weeks thereafter. The order dated 23rd January, 2004 shall be subject to the order passed on the fresh representation of the petitioner. 10. Writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 27.03.2006 Rathour