Uttarakhand High Court
WPSS/499/2024 on 2 September, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7764
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS 499/2024
Hon'ble Manoj Kumar Tiwari, J.
Mr. Vinod Tiwari, Advocate, for
the petitioner.
Mr. Rajeev Singh Bisht, Additional
CSC, for the State.
(2) Petitioner is aggrieved by the
order dated 24.8.2020, passed by Director
General, Medical, Health and Family
Welfare. By the said order, petitioner's
claim for compassionate appointment was
rejected on the ground that his two
siblings are employed under the State
Government. 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
2025:UHC:7764
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."
(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's mother is
employed under the State or Central
Government or any Government owned
2025:UHC:7764
Corporation.
(4) Thus, this Court finds substance
in 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 also relied upon
a judgment rendered by coordinate Bench
in Writ Petition (S/S) No. 683 of 2012,
where also similar view was taken.
(6) In such view of the matter, writ
petition is allowed. Impugned order dated
24.8.2020 is set aside. Competent
authority is directed to reconsider
petitioner's claim for compassionate
appointment, strictly as per law, and pass
appropriate order within one month from
the date of production of certified copy of
this order.
(Manoj Kumar Tiwari, J.)
2.9.2025
Pr
PRABODH
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2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198
KUMAR
d462503, postalCode=263001, st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FC
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Date: 2025.09.04 10:06:13 +05'30'
2025:UHC:7764
