Arti vs State of Uttarakhand & another

Heard learned counsel for the parties and perused the record.

According to the petitioner, permanent resident certificate was issued in her favour by Sub-Divisional Magistrate, Haridwar on 30.11.2015. It appears that the said certificate was subsequently cancelled. Based on the permanent resident certificate issued by Sub-Divisional Magistrate, Haridwar on 30.11.2015, petitioner was appointed as Class-IV employee in District Cooperative Bank, Haridwar. Due to cancellation of said certificate, the Competent Authority has threatened the petitioner that her appointment shall be cancelled.

It is the contention of the petitioner that family members of her husband are residing in District Haridwar since 1961. Thus, according to learned counsel for the petitioner, petitioner is entitled to get the benefit of law declared by Division Bench of this Court in WPSB No. 297 of 2008 (Jyoti Bala Vs State of Uttarakhand & others decided on 16.12.2008).

Learned counsel for the petitioner confines his prayer and submits that the Competent Authority be directed to take a decision on petitioner''s representation dated 16.10.2017.

Accordingly, the writ petition is disposed of with direction to Sub-Divisional Magistrate, Haridwar to consider

petitioner''s representation dated 16.10.2017 and decide the same, in accordance with law, by passing a reasoned and speaking order, within six weeks from the date of presentation of certified copy of this order.