Extracted from the PDF above. The PDF is authoritative.
2025:UHC:11135 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/ 9 1 3 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J
1. Mr. Akshay Pradhan,
learned counsel for the petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand.
3. Mr. R.P. Singh, learned counsel for respondent no. 4.
4. Petitioner is widow of Late Jony Kumar, who died on 17.03.2023. Late Jony Kumar was serving as Group ‘D’ employee in the Office of Joint Director, Government Press Roorkee, which is a Department of the State. After death of her husband, petitioner applied for compassionate appointment. Her claim was rejected by Joint Director, Government Press Roorkee only on the ground that in the service-book of Late Jony Kumar, her mother is named as a nominee. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs: -
(i) Issue a writ, order or direction in the nature of certiorari to call the records and quash the letter dated 31.03.2023 and 29.04.2023 (Annexure No. 1).
(ii) Issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2 to immediately grant compassionate appointment to the Petitioner on the post in consonance with her education qualification.
(iii) Issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2 to disburse all other dues of her deceased husband in favour of the Petitioner.
2025:UHC:11135
5. Learned State Counsel points out that mother of Late Jony Kumar (Smt. Urmila) had moved an application on 10.04.2023, staking claim on all benefits payable on account of death of her son.
6.
Learned counsel for the petitioner, however, submits that during pendency of writ petition, a settlement has been arrived at between petitioner and her mother-in-law (Smt. Urmila). Copy of compromise entered into between petitioner and respondent no. 4 is on record as annexure 1 to the supplementary affidavit dated 04.10.2024, filed by petitioner.
7. As per compromise, respondent no. 4 will have no objection, if compassionate appointment is given to petitioner in place of her late husband, however, the funds and other terminal dues payable on account of death of Late Jony Kumar would go to respondent no. 4 and petitioner will have no objection against release of that amount in favour of respondent no. 4.
8. Mr. R.P. Singh, learned counsel appearing for respondent no. 4 endorses the submission made by learned counsel for the petitioner and submits that in view of settlement arrived at between petitioner and respondent no. 4, the writ petition can be disposed of by directing the Competent Authority to consider claims of petitioner for compassionate appointment. State Counsel also makes the similar submission.
9. The writ petition is, accordingly,
disposed of with a direction to Director, Government Press Roorkee to revisit the issue in the light of the compromise
2025:UHC:11135 arrived at between petitioner and her mother-in-law and pass appropriate
order, as per law, within ten weeks from the date of presentation of certified copy of this order. Before passing any order, Director shall hold an enquiry, as to genuineness of the compromise alleged to have been arrived at between the parties and if need be, Director shall summon both, petitioner and respondent no. 4 and other persons, who are witness to the compromise deed.
( Man oj Ku m ar Tiw ar i, J)
12.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13695 12ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1F E58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.14 20:20:18 -08'00'