ANKUR AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ON 18.12.2012, four weeks' time was granted to the Brief Holder for the State for filing counter affidavit, but no counter affidavit has been filed till date.

(3.) THE order passed by this Court was not challenged by the respondents and same became final. Thereafter, on 07.10.2009, again the claim of the petitioner for compassionate appointment under the Dying-In-Harness Rules has been rejected by the Director School Education, Uttarakhand on the ground of latches. This could not be done, as this Court, in its judgment-dated 10.09.2008, had clearly observed that it cannot be said that the application for compassionate appointment had been moved with delay. Therefore, the Director, School Education, Uttarakhand has not passed the order in correct manner. Consequently, the writ petition is allowed. Order dated 07.10.2009 passed by the respondent no.2 is quashed. The Director, School Education, Uttarakhand is directed to decide the matter of the petitioner for compassionate appointment under the Dying-In-Harness Rules afresh, in accordance with the judgment passed by this Court on 10.09.2008, within a period of three months from the date of production of a certified copy of the order.