WPSS/1418/2021
2021 Latest Caselaw 4458 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
      ON THE 9TH DAY OF NOVEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (S/S) No. 1418 of 2021

BETWEEN:

Vivek Yadav.                                     ....Petitioner
      (By Mr. Bharat Singh, Advocate)

AND:
State of Uttarakhand & others.                 ...Respondents
      (By Mr. Narain Dutt, Brief Holder for the State of
      Uttarakhand/respondent no. 1 & 2 and Mr. Sandeep
      Kothari, Advocate for respondent no. 3)


                        JUDGMENT

Heard learned counsel for the parties.

2. Petitioner's father was serving on a Group- D post of Chaukidar in Nagar Nigam, Haridwar, who died in harness on 21.09.2016. Petitioner's mother was also serving on a Group-D post of Peon in Nagar Nigam, Haridwar, who has retired on 31.03.2017.

3. Upon death of his father, petitioner applied for compassionate appointment, however, his application was rejected only on the ground that his mother was also employed with Nagar Nigam, Haridwar.

4. Since petitioner's mother retired soon after death of her husband and no earning member is left in the family, therefore, the reason assigned for

rejection of petitioner's application does not appear to be proper.

5. In such view of the matter, the orders impugned in the writ petition are liable to be quashed and are hereby quashed.

6. The writ petition is allowed and petitioner shall be at liberty to apply afresh for compassionate appointment. If he makes an application, the same shall be considered in accordance with law, as early as possible but, not later than four months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin