2026:UHC:1254 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/ 1 1 1 3 / 2 0 2 5 Hon 'ble Man oj Ku m ar Tiw ar i, J. Mr. Ankit Bisht & Mr. Vinay Kumar, Advocates for the petitioner. 2. Mr. S.S. Chaudhary, Standing Counsel for the State of Uttarakhand / respondents. 3. Petitioner’s father was employed as Group-D employee in Primary Health Centre, Betalghat, District Nainital, who died while in service on 31.03.2023. Petitioner applied for compassionate appointment. Her application, however, was rejected only on the ground that her two brothers are already employed under the State of Uttar Pradesh. Thus, feeling aggrieved, petitioner has approached this Court, challenging the rejection order dated 07.05.2025. 4. Learned counsel for the petitioner relies upon a judgment rendered by this Court in Writ Petition (S/ S) No. 581 of 2023 and he submits that since the issue involved is identical, therefore, this writ petition deserves to be decided in terms of that judgment. 5. Learned State Counsel concedes that issue involved in Writ Petition (S/ S) No. 581 of 2023 is identical to the one involved in this writ petition. 6. Appointment on compassionate ground are made in the State of Uttarakhand under the U.P. Recruitment of Dependants of Government Servants 2026:UHC:1254 (Dying in Harness) Rules, 1974. Rule 5 (1) of the said Rules provides that in case the spouse of the deceased Government servant is already employed under the Central or the State Government, then their dependant family members may lose the right to be considered for compassionate appointment. This is not the case here, as the ground taken for rejecting petitioner’s claim for compassionate appointment is that her two brothers are employed under the State of Uttar Pradesh. It is not the case of the respondents that petitioner’s mother is employed under the Central or the State Government. Thus, the ratio of the judgment rendered in Writ Petition (S/ S) No. 581 of 2023 applies to the facts of the case with full force. 7. Accordingly, the writ petition is decided in terms of the judgment dated 24.04.2023 rendered in Writ Petition (S/ S) No. 581 of 2023 and the impugned order dated 07.05.2025 is set-aside. The Director General, Medical Health shall re- consider petitioner’s claim for appointment in the light of discussion, made above, within six weeks from the date of presentation of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) 24.02.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e 4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D0 95C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.02.25 09:56:38 +05'30'