WPSS/74/2025
2026 Latest Caselaw 1459 UK

Uttarakhand High Court

WPSS/74/2025 on 24 February, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                        2026:UHC:1236
              Office Notes,
             reports, orders
             or proceedings
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      Date    or directions                  COURT'S OR JUDGE'S ORDERS
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                               WPSS/74/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.    Mr. B.S. Koranga, Advocate holding
                               brief of Mr. V.K. Guglani, learned counsel
                               for the petitioner.

                               2.    Mr. R.C. Joshi, learned Brief Holder
                               for the State of Uttarakhand.

                               3.  Mr. T.A. Khan, learned Senior
                               Counsel assisted by Mohd. Shafy, learned
                               counsel for respondent nos. 2 & 3.

4. By means of this writ petition, petitioner has sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the appointment to the petitioner on compassionate ground in place of his wife Neeru Sharma who died during the period of service.

(ii) Issue any other writ, order or direction, in the nature of Mandamus directing the respondents to consider the representation of the petitioner within respect to the appointment on compassionate ground within the time bound period of passing reasoned and speaking order.

5. According to petitioner, his wife was employed as unskilled labour in Bazpur Cooperative Sugar Mill, Bazpur, who died while on employment on 06.05.2021; petitioner applied for compassionate appointment, but decision on his application is not being taken.

6. A counter affidavit has been filed by Dr. Amrita Sharma on behalf of the employer. The stand taken in the counter affidavit is that petitioner's father-in-law 2026:UHC:1236

(Ram Kishore Sharma) was employed in the Sugar Mill and after his death, petitioner's wife was given compassionate appointment.

7. Learned Senior Counsel appearing for the Sugar Mill points out that petitioner's mother-in-law has applied for compensation in lieu of compassionate appointment, in term of the Policy applicable in the Sugar Mill. He thus submits that petitioner as well as his mother-in-law has staked claim for benefit under the Policy and in view of competing claim made by two family members of the deceased employee (Late Neeru Sharma), petitioner's claim could not be considered for compassionate appointment.

8. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to General Manager, Bazpur Cooperative Sugar Mill Ltd. to examine the claim made by petitioner & his mother-in-law and pass appropriate order, after hearing both of them, within six weeks from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J) 24.02.2026 Aswal NITI RAJ

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08

SINGH ASWAL d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.24 03:35:45 -08'00' 2026:UHC:1236