Uttarakhand High Court
WPSS/2486/2024 on 11 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:9904
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS 2486/2024
Hon'ble Manoj Kumar Tiwari, J.
Mr. Vinodanand Barthwal,
Advocate, for the petitioner.
Mr. Rajeev Singh Bisht, Additional
CSC, for the State.
Mr. Ashish Joshi, Advocate, for the
respondent no. 2 to 5.
(2) Petitioner's claim for
compassionate appointment has been
rejected only on the ground that her son is
employed with Indian Air Force. Petitioner
has challenged the said order on the
ground that as per Rule 5(1) of The U.P.
Recruitment of Dependants of Government
Servants Dying in Harness Rules, 1974,
which is applicable in State of Uttarakhand
also, dependant of a deceased government
servant can be denied compassionate
appointment only if spouse of the deceased
employee is in government employment.
Rule 5 of the said rules is reproduced
below:
"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
2025:UHC:9904
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."
(3) Perusal of the aforesaid provision
reveals that dependant of a deceased
government servant is disqualified from
seeking compassionate appointment under
the State, if the spouse of the deceased
government servant is already employed
under the Central Government or State
Government or a Corporation owned or
controlled by the Central Government or
State Government. This is not the case here
as it is not the case of the respondents that
petitioner (spouse of the deceased) is
employed under the State or Central
Government or any Government owned
Corporation.
(4) Thus, this Court finds substance in
2025:UHC:9904
the submission made by learned Counsel
for the petitioner that the ground taken for
rejecting petitioner's claim for
compassionate appointment is
unsustainable.
(5) Learned Counsel for the petitioner
also relied upon a judgment rendered by
this Court in Writ Petition (S/S) No. 806 of
2020, where also similar view was taken.
(6) Mr. Ashish Joshi, learned Counsel
appearing for Uttarakhand Roadways,
submits that he has nothing more to say in
view of the judgment rendered by this
Court in Writ Petition (S/S) No. 806 of
2020.
(7) In such view of the matter, writ
petition is decided in terms of the judgment
rendered by this Court in Writ Petition (S/S)
No. 806 of 2020. Impugned order dated
12.12.2024 is set aside. Competent
authority is directed to reconsider
petitioner's claim for compassionate
appointment, strictly as per law, and pass
appropriate order within six weeks from the
date of production of certified copy of this
order.
(Manoj Kumar Tiwari, J.)
11.11.2025
Pr
PRABODH KUMAR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503,
postalCode=263001, st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957
BE53, cn=PRABODH KUMAR
Date: 2025.11.11 18:08:20 +05'30'
2025:UHC:9904
