2026:UHC:1340-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY 26TH FEBRUARY, 2026 SPECIAL APPEAL No. 10 OF 2026 WITH DELAY CONDONATION APPLICATION (IA No. 01/2026) State of Uttarakhand and another. …Appellants Versus Km. Shiristi Shah. …Respondent Counsel for the appellants. : Mr. J.C. Pande, learned Standing Counsel for the State of Uttarakhand. Counsel for the respondent. : Mr. Tapan Singh, learned counsel. JUDGMENT : (per Shri Manoj Kumar Gupta, C.J.) Delay Condonation Application (IA No. 01/2026) 1. The instant intra-court appeal is reported to be beyond time by 383 days. The explanation furnished for the delay is found to be satisfactory. Accordingly, the delay is condoned. Delay Condonation Application is allowed. Office is directed to allot a regular number to the instant intra-court appeal. SPECIAL APPEAL No. 10 OF 2026 2. The present intra-court appeal is directed against the order of learned Single Judge dated 18.11.2024, passed in Writ Petition (S/S) No. 629/2023, whereby the Writ Petition filed by the respondent, challenging the order dated 1 2026:UHC:1340-DB 01.08.2022, passed by the District Education Officer (Elementary Education), Pauri Garhwal, rejecting the application of the respondent for appointment on compassionate basis, under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, as amended in the year 2010, has been rejected on the ground that the application was filed beyond five years from the date of death of the employee namely, her mother on 18.10.2013. 3. The learned Single Judge, relying on the Full Bench judgment of the Allahabad High Court in the case of Shiv Kumar Dubey & others v. State of U.P. & others, 2014 (1) UPLBEC 589, remitted the matter back to the authorities for reconsideration of the application of the respondent for compassionate appointment, taking into consideration the material on record, for purposes of granting relaxation to the time limit of five years in filing the application, and for consideration of the case of the respondent for compassionate appointment. It has also been observed that, if required, a supernumerary post may be created for giving compassionate appointment. The consideration was to be done within a period of six weeks from the date of judgment. 2 2026:UHC:1340-DB 4. Learned State Counsel submits that, after the order of the writ Court, the concerned Secretary has passed an order dated 25.11.2025, rejecting the claim of the respondent for compassionate appointment. 5. We have gone through the said order, and we find that again the concerned Secretary has refused to accord consideration to the claim of the respondent for compassionate appointment, solely on the ground that the application of the respondent was filed beyond the limitation prescribed under Rule 5(1)(iii) of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. 6. Learned State Counsel fairly concedes that the order of the Secretary dated 25.11.2025 is in teeth of the order passed by the learned Single Judge. He states that the concerned Secretary shall accord consideration to the application of the respondent, for compassionate appointment, taking into consideration the factors stated in the application, with regard to undue hardship, and in the light of the law laid down by the Full Bench of the Allahabad High Court in the case of Shiv Kumar Dubey & others v. State of U.P. & others, 2014 (1) UPLBEC 589. 7. Accordingly, the instant intra-court appeal is disposed of, directing the concerned Secretary to examine the 3 2026:UHC:1340-DB application of the respondent for compassionate appointment, in accordance with the directions issued by the learned Single Judge. 8. All pending applications stand disposed of accordingly. ______________________ MANOJ KUMAR GUPTA, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 26th February, 2026 Rahul 4 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61b f4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FC AD15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2026.02.26 16:44:08 +05'30'