Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7845 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/2231/2024 Hon’ble Manoj Kumar Tiwari, J
1. Abhishek Sati, learned counsel for the petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. According to petitioner, his wife was serving as Assistant Teacher, Government Primary School (Elementary) school in District Nainital, who passed away while in service on
26.06.2022. According to petitioner, since he was dependent upon his wife and he has no other source of income available to him, therefore, he applied for compassionate appointment by making application on 25.08.2023.
4. Since no decision has been taken on petitioner’s application, therefore, he has approached this Court, seeking the following reliefs:-
(i) To issue a writ order or direction in the nature of mandamus declaring the inaction of respondents for non-release of departmental dues owed to the petitioner’s late wife, along with all consequential and monetary benefits and for not considering giving compassionate appointment under the
“Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 is highly arbitrary, unjust and unreasonable.
(ii) To issue a writ order or direction in the nature of mandamus to directing the respondents to provide the petitioner with a suitable appointment under the
“Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974”.
2025:UHC:7845 (iii) To issue a writ order or direction in the nature of mandamus to directing the respondents to release the departmental dues owed to the petitioner’s late wife, along with all consequential and monetary benefit.
(iv) To issue a writ order or direction in the nature of mandamus to directing the respondents to pay the interest on the arrears of the department dues @ 18% per annum to the petitioner from 26th Jun, 202 till the date of actual payment.
5. Having regard to the facts and prayer made in the writ petition, this Court is of the considered opinion that ends of justice would be met if the Competent Authority is directed to take decision on petitioner’s representation.
6. Accordingly, the writ petition is
disposed of with a direction to District Education Officer (Elementary), Nainital to take decision on petitioner’s application dated 25.08.2023, one way or the other, within six weeks from the date of production of certified copy of this order.
(Manoj Kumar Tiwari, J)
03.09.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f98 02a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5 C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.09.08 06:38:50 -07'00'
2025:UHC:7845