Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 16907 (UTT)

AKASH PAYAL v. THE DIRECTOR EMLOYEES STATE INSURANCE SCHEME UTTARAKHAND

WPSS/215/2025 · 2025-11-19

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10289 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 2 1 5 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Kishore Rai, learned counsel for the petitioner. 2. Mr. Hari Mohan Bhatia, learned counsel for the respondent. 3. Petitioner’s claim for compassionate appointment was rejected, vide order dated 01.04.2025, only on the ground that appointment of petitioner’s father was found to be made in violation of Rules made by Labour Department, Government of U.P. 4. Learned counsels for the parties are unanimous on the point that twice, departmental enquiry was held against petitioner’s father, against his alleged wrongful appointment, and both time his father was exonerated. 5. Learned counsel for the respondents concedes that master servant relation was subsisting between petitioner’s father and Employees State Insurance Scheme till the time petitioner’s father died. Thus, the reason assigned for rejecting petitioner’s claim for compassionate appointment does not stand to reason. 6. Accordingly, the impugned rejection order dated 01.04.2025 is set aside. The Competent Authority is directed to reconsider petitioner’s claim, as per law, within four weeks from the date of presentation of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J) 19.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610 C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.19 04:13:57 -08'00' 2025:UHC:10289