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Judgment
Sudhanshu Dhulia, J.—This writ petition was dismissed for non prosecution vide order dated 13.12.2007. Now a restoration application (MCC No. 17 of 2011) has been filed along with an application for condonation of delay. Reasons shown in the delay condonation application appear to be bona fide. Delay condonation application (CLMA No. 109 of 2011) is allowed. Delay in filing the restoration application is condoned.
Reasons shown in the restoration application for recalling the order dated 13.12.2007 appear to be bona fide. Restoration application (MCC No. 17 of 2011) is allowed. Order dated 13.12.2007 is recalled. Writ petition is restored to its original number.
Heard Sri Abdul Wahid, Advocate for the Petitioner and Sri Dinesh Gahtori, Standing Counsel for the State.
The Petitioner claims to be working on daily rated basis in Animal Husbandry Department, State of Uttarakhand. By means of the writ petition, she has claimed salary, which is admissible to class IV post on which she is working.
Although there is no counter affidavit on the record, since the matter pertains to the fixation of salary, this writ petition is disposed of with the direction that the Secretary, Animal Husbandry Department, State of Uttarakhand shall consider the representation of the Petitioner, which the Petitioner will file before him within three weeks from today along with certified copy of this order and entire writ petition and the documents annexed therein. The Secretary, Animal Husbandry Department, State of Uttarakhand after hearing the Petitioner shall pass appropriate orders regarding fixation of salary as well as other benefits to the Petitioner in accordance with law.
With these observations, writ petition is disposed of. No order as to costs.