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Approaching the court is right of an individual in a country where the rule of law prevails: High Court of Uttarakhand.

Every individual is free to approach the court. A single judge bench comprising Hon’ble Justice Ravindra Maithani, in the matter of Ashish Pokhriyal and others Vs. State of Uttarakhand and others (Writ Petition (S/S) No. 320 of 2021), dealt with an issue where the petitioners were working in the Public Works Department from various dates on a contracts basis. Their period of contracts had already expired, but now an instant petition had been filed for the directions to the respondents to allow the petitioners to continue in their services.

In the present case, the counsel for the petitioner submitted that the department had already recommended for extension, but the government was silent in taking any action. The petitioner also stated that representation was already submitted to the department head, but no action was taken. Moreover, the counsel also prayed for 2 weeks’ time for making a fresh representation to respondent no. 1. The counsel for the state stated that if such representation is made in 2 weeks, then a decision would be taken within that period. Learned counsel for the petitioners also submits that the respondents may also be requested not to show any displeasure, merely on the ground that the petitioners have approached this Court.

The court observed that – “This Court does not see any reason to make any observation on this aspect because to approach the Court is right of an individual in a country where the rule of law prevails.” Thereby the writ petition was disposed of and the petitioner was given the liberty to present a fresh representation within 2 weeks.

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