MANISH KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) <DJG>B.S.Verma, J.</DJG> Heard learned counsel of the parties and perused the record.

(2.) By means of writ petition No. 275 (S/S) of 2009, the petitioner has sought the following reliefs:- 1) Issue a writ order or direction in the nature of mandamus commanding /directing the respondent nos. 1 to 3 to give the appointment to the petitioner no.1 under the Dying in Harness Rules on account of death of his father late Ashok Kumar Sharma. 2) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 1 to 3 to give all the retiral benefits (Family Pension, G.P.F., Leave Encashment, Group Insurance Benefit, Gratuity and other consequential benefits along with 18% interest) to the petitioners on account of death of late Ashok Kumar Sharma. 3) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioners. 4) Cost of the petition be awarded in favour of the petitioner. By means of writ petition No. 03 of 2008 (S/S), the petitioner has sought the following reliefs. 1) Issue a writ, order or direction in the nature of Mandamus directing the respondent Nos. 1,2 and 3 to grant family pension and also to pay 50% amount of G.P.F., Gratuity, Leave encashment, Group Insurance cover benefit and other consequential benefits to the petitioner with interest forthwith. 2) Issue any suitable writ, order or direction which this Hon'bel Court may deem fit and proper in the circumstances of the case. 3) Award cost of writ petition to the petitioner.

(3.) The counter affidavit has been filed by respondents in each petition.