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2025 DAILYLAW 15082 (UTT)

REKHA DHAPOLA v. STATE OF UTTARAKHAND

WPSS/52/2025 · 2025-10-28

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9493 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/52/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Manish Lohani, Advocate for the petitioner. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand. 3. Petitioner’s husband was employed as Watchman in Forest Department, who died in the year 2020. 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 appointment to the petitioner on compassionate ground under Dying in Harness Rules with a stipulated period on a positive manner after sympathetically taking into consideration the financial condition of the petitioner and her son. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to grant the family pension to the petitioner inasmuch as the husband of the petitioner was died during his service period and left behind a minor son. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent’s authorities to give the gratuity amount and other service benefits and allowances to the petitioner as the petitioner is the widow wife of the deceased Kishan Singh Dhapola.” 5. Learned State Counsel was asked to get instructions. Today, on instructions, he submits that petitioner was having strained relation with her late husband and she also filed Section 125 CrPC application seeking maintenance. He, however, concedes that part of the GPF 2025:UHC:9493 amount of her late husband has been released in favour of the petitioner. He submits that petitioner’s claim for compassionate appointment could not be considered so far, as her name was not mentioned anywhere in the service record of her late husband and instead name of petitioner’s mother-in-law was mentioned in the service book. 6. Since the department has now admitted petitioner as wife of late Kishan Singh Dhapola by releasing part of the GPF amount, therefore, the writ petition is disposed of with a direction to the Competent Authority in the Forest Department to examine petitioner’s claim for compassionate appointment and pass appropriate order, as per law, within three months from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 28.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.10.28 17:21:25 +05'30'