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2026 DAILYLAW 2261 (UTT)

SUNIL KUMAR v. STATE OF UTTARAKHAND

WPSS/89/2026 · 2026-03-09

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:1489 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/89/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Pankaj Kumar, Advocate for the petitioner. 2. Mr. G.S. Negi, Additional Chief Standing Counsel for the State of Uttarakhand/ respondent no. 1. 3. Ms. Sangeeta Adhikari Patni, Advocate, holding brief of Mr. N.S. Pundir, Advocate for respondent nos. 2, 3 & 4. 4. Petitioner’s claim for compassionate appointment was not recommended to the competent authority on the ground that petitioner do not possess High School qualification, which is essential for appointment to any Group-D/Group-C post. 5. Petitioner contends that he has now acquired High School qualification in 2016, therefore, the competent authority is under a duty to examine petitioner’s claim afresh. 6. Learned counsel appearing for respondent nos. 2, 3 & 4 submits that petitioner’s father, who was employed as Sweeper died while in service on 17.10.2013. Thus, she submits that due to inordinate delay caused by the petitioner in approaching this Court, he has lost whatever right he had. 7. Be that as it may, since claim of the petitioner was not recommended for decision to the competent authority only 2026:UHC:1489 on the ground that petitioner lacks the minimum educational qualification; reportedly petitioner has now completed his educational qualification, therefore, interest of justice would be served, if the competent authority is directed to revisit the matter in view of the changed circumstances. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to make fresh application for compassionate appointment to the competent authority within two weeks from today. Along with his application, petitioner shall be at liberty to enclose all educational certificates, including High School certificate. If petitioner makes such application within the stipulated time, the competent authority shall examine his claim and pass appropriate order, as per law, within three months thereafter. (Manoj Kumar Tiwari, J.) 09.03.2026 Navin