Dismissed

Rekha Devi v. State of Uttarakhand

Uttarakhand HC7 Jun 2021WPSS/607/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking compassionate appointment. It held the petitioner could not re-agitate the issue as her earlier claim was finally barred by the Division Bench judgment considering the Full Bench ruling, rejecting the argument of a subsequent change in law.

What did the court decide?

Writ petition dismissed; petitioner restrained from re-agitating the claim for compassionate appointment.

Rekha Devi Vs State of Uttarakhand — Pension and Retirement Benefits | Uttarakhand HC (2021)

¶1

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

¶2

ON THE 7^th DAY OF JUNE, 2021

¶3

BEFORE:

¶4

HON’BLE SHRI JUSTICE SHARAD KUMAR SHARMA

¶5

Writ Petition (S/S) No.607 of 2021

¶6

BETWEEN:

¶7

Smt. Rekha Devi …..Petitioner

¶8

(Mr. Vinodanand Barthwal, Advocate)

¶9

AND:

¶10

State of Uttarakhand & others …..Respondents

¶11

(Mr. Narain Dutt, Brief Holder for the State)

¶12

JUDGMENT

¶13

The late father of the petitioner met with the sad demise on 25.04.2016. The petitioner, though being a married daughter, had raised a claim for appointment under the Dying-in-Harness Rules, on compassionate grounds though she pleaded to be dependent on her husband. For the said purpose, she preferred a writ petition being WPSS No.316 of 2019, Smt. Rekha Devi vs. State of Uttarakhand and others , wherein the Coordinate Bench of this Court, had considered the impact of the judgment of the Full Bench dated 27.03.2019, which was rendered in Special Appeal No.187 of 2017, so far it related to the rights of a married daughter to be considered for appointment under the Dying-in-Harness Rules. After

¶14

¶15

considering the impact of the Full Bench Judgment and on the ground that the petitioner has taken a specific stand, that exclusively she is dependent on her husband, the writ petition was dismissed on 07.11.2019. The petitioner, being aggrieved against the judgment dated 07.11.2019, had given a challenge to the said judgment before the Division Bench in SPA No.37 of 2020, Rekha Devi vs. State of Uttarakhand and others , which too was dismissed by the Division Bench on 06.08.2020. The said orders of dismissing of the writ petition and the special appeal, which were preferred by the petitioner, have become final, qua the petitioner for consideration of her claim for appointment on compassionate grounds.

¶16

As per the writ averments, a subsequent claim was raised by the petitioner, which has been rejected by the Executive Engineer by the order of 18.02.2021, which is impugned in the writ petition.

¶17

After having heard the learned counsel for the parties and particularly considering the fact that the earlier writ petition of the petitioner was dismissed, and the said judgment has been later affirmed by the Division Bench, after considering the impact of the Full Bench Judgment, I am of the view that the petitioner cannot take the liberty to re-agitate the same issue, for grant of compassionate appointment by filing a fresh application, which has been rejected now, on the pretext that subsequent to the judgment the law had undergone a change. The change in the law, as alleged by the petitioner, cannot be made

¶18

¶19

retrospectively applicable, in the circumstances of the present case, where the petitioner’s right has already been judicially determined by the court vide its judgment of 06.08.2020.

¶20

I am of the view that the present writ petition would not be tenable in the light of the judgment of Division Bench dated 06.08.2020. The writ petition lacks merit and the same is accordingly dismissed.

¶21

(SHARAD KUMAR SHARMA, J.)

¶22

Rajni

Rekha Devi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Rekha Devi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kamlesh Rawat Vs Executive Officer Nagar Palika Prishad Kichha

M/S Sakleys Restaurant Vs Assistant Provident Fund Commissioner

Jyotsna Vs State of Uttarakhand

Lavpreet Singh Alias Lavi Vs State of Uttarakhand

Kedar Dutt Vs State of Uttarakhand

M/S Eminent Infra Developers Pvt. Ltd. Vs State of Uttarakhand