Uttarakhand High Court
SPA/199/2024 on 20 May, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:4162-DB
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
SPA/199/2024
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Ashish Naithani, J.
(Per: Hon'ble Manoj Kumar Tiwari, J.)
1. Mr. Bilal Ahmed, learned counsel for
the appellant.
2. Mr. I.D. Paliwal, learned Standing
Counsel for the State of U.P.
3. There is delay of 907 days in filing
the appeal. Prayer for condonation of
delay is not opposed by learned counsel
for the respondents.
4. For the reasons stated in the delay
condonation application, the same (IA No.
1 of 2024) is allowed. The delay in filing
the appeal is hereby condoned.
5. This intra-court appeal is directed
against the judgment dated 02.12.2021
passed by learned Single Judge in WPSS
No. 847 of 2019. By the said judgment,
writ petition, filed by appellant,
challenging rejection of his claim for
compassionate appointment, was
dismissed.
6. The writ petition was dismissed on
the ground that appellant had claimed
compassionate appointment due to death
of his father, however, his mother was
also employed under the State, therefore,
in view of provision contained in U.P.
Recruitment of Dependants of Government
Servant Dying in Harness Rules, 1974, he
is not entitled for compassionate
appointment.
7. Rule 5 of the aforesaid Rules is
extracted below:-
2025:UHC:4162-DB
"[5. Recruitment of a member of the family of the deceased. -
(1) In case a Government servant dies in harness after the
commencement of these rules and the spouse (as the case
may be) of the deceased Government servant, is not already
employed under the Central Government or any State
Government or a Corporation owned or controlled by the
Central Government or any State Government, then a member
of his/her family who is not already employed under the
Central Government or any State Government or a Corporation
owned or controlled by the Central Government or State
Government, shall on making an application for the purposes,
be given a suitable employment in Government service in
Group "D" or Group "C" as Junior Assistant or equivalent post,
in relaxation of the normal recruitment rules, if such person:-
(i) fulfils the educational qualifications prescribed for the
post,
(ii) is otherwise qualified for Government service, and
(iii) makes the application for employment within five years
of the date of the death of the Government servant:
Provided that where the State Government is satisfied that the
time limit fixed for making the application for employment
causes undue hardship in any particular case, it may dispense
with or relax the requirement as it may consider necessary for
dealing with the case in a just and equitable manner.
(2) As far as possible, such an employment should be given in
the same department in which the deceased Government
servant was employed before his death.]"
8. In view of the provision contained in
Rule 5, the view taken by learned Single
Judge, cannot be faulted. The Statute
provides that if spouse of the deceased
employee is serving under the
Government, then in case of death of such
Government Servant, his/her dependant
family member is not entitled for
compassionate appointment.
9. Accordingly, the special appeal fails
and is hereby dismissed.
(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)
20.05.2025
Aswal
NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
ASWAL
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0,
cn=NITI RAJ SINGH ASWAL
Date: 2025.05.21 05:29:51 -07'00'
2025:UHC:4162-DB
