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2025 DAILYLAW 17398 (UTT)

VIPIN KUMAR v. STATE OF UTTARAKHAND

WPSS/2055/2025 · 2025-11-28

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10590 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 0 5 5 / 2 0 2 5 Hon’ble Manoj Kumar Tiwari, J. Mr. Sachin Kumar Sharma, Advocate for the petitioner through video conferencing. Mr. Dinesh Bankoti, Brief Holder for the State. 2. Petitioner’s brother Vinay Kumar was employed as Constable in Uttarakhand Police, who died while in service on 28.08.2025, in a road accident. Petitioner has filed this writ petition seeking a direction to the competent authority to take decision on his application for compassionate appointment, made on 21.11.2025. 3. Learned State Counsel, however, points out that Smt. Versha (respondent No. 5) is a widow of deceased brother of petitioner, therefore she will have the first right of claiming compassionate appointment. He further points out that respondent No. 5 has to support one minor child, therefore her claim for compassionate appointment would be superior as compared to petitioner. 4. Be that as it may, since petitioner has made application, therefore Commandant, 40 Battalion, PAC Haridwar is directed to enquire whether respondent No. 5 is interested in 2025:UHC:10590 claiming compassionate appointment and if yes, he will have an application submitted by respondent No. 5 also within four weeks. 5. The Commandant, thereafter will examine the competing claim of petitioner as well as respondent No. 5 and shall take decision, as per law, within three months thereafter. (Manoj Kumar Tiwari, J.) 28.11.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.11.28 17:34:36 +05'30'