2025:UHC:9904 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 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 Digitally signed by 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