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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties.
Petitioner no. 1 is widow of Dinesh Singh while petitioner no. 2 is son of Dinesh Singh. Dinesh Singh served as Oiler in Uttarakhand Jal Vidyut Nigam Ltd. at Chila Power House, District Pauri Garhwal.
According to the petitioners, Dinesh Singh went missing from Chilla Power House, on 12.07.2019 and thereafter his whereabouts are not known. According to them, Dinesh Singh is no more and the F.I.R. lodged by them in the matter, has also resulted in filing of closure report.
Mr. Tapan Singh, learned counsel for the petitioners points out that closure report has been accepted by the Court of Chief Judicial Magistrate, Pauri Garhwal, vide order dated 31.07.2021.
Grievance of the petitioners is that petitioner no. 2 had applied for compassionate appointment, however, his request is not being considered on the ground that, name of his father was mentioned as Dinesh Tomar in the F.I.R.; while, in the service record, his name is recorded as Dinesh Singh.
It is contended by learned counsel for the petitioners that name of husband of petitioner no. 1 and father of petitioner no. 2 is Dinesh Singh Tomar, however, in the F.I.R. it was wrongly mentioned as Dinesh Tomar. He further submits that for such a small discrepancy in the name of father of petitioner no. 2, he cannot be denied appointment on compassionate ground.
Learned counsel for the petitioners has also referred to an affidavit filed by petitioners before Executive Engineer, Uttarakhand Jal Vidyut Nigam Ltd., Chilla Power House, Pauri Garhwal.
Learned counsel appearing for respondents submits that if petitioners file a fresh affidavit before Director (HR), Uttarakhand Jal Vidyut Nigam Ltd. stating that Dinesh Singh and Dinesh Tomar is one and the same person and also enclose documentary evidence in support of such contention, then Director (HR) shall take decision in the matter, expeditiously.
Accordingly, writ petition is disposed of with liberty to petitioners to approach Director (HR), Uttarakhand Jal Vidyut Nigam Ltd. and file an affidavit. Along with the affidavit, petitioners will also enclose all relevant documents in support of their claim that Dinesh Singh and Dinesh Tomar is one and the same person. If such affidavit is filed within three weeks from today, decision thereupon shall be taken by Director (HR), within three months thereafter.