2026:UHC:115 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 2 2 4 0 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Dr. Kartikey Hari Gupta, Advocate, for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. (2) Petitioner’s application for compassionate appointment was rejected vide order dated 30.10.2025 on the ground that his father was employed in Public Works Department as Cleaner on the date of death of his mother. Petitioner has challenged the rejection order mainly on the ground that on the date of making application, petitioner’s father was not in employment, as he superannuated on 30.11.2024, while application was made on 21.12.2024. (3) This Court is not impressed by the submission made on behalf of the petitioner. Rule 5 of Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 reads as under: “5 . Recr u it m en t of a m em ber of t h e fam ily of t h e deceased.—(1) In case a Government servant dies in harness after the commencement of these rules and the spouse (as the case may be) of the deceased Government servant, is not already employed under the Central Government or any State Government or a Corporation owned or controlled by the Central Government or any State Government, then a member of his/ her family who is not already employed under the Central Government or any State Government or a Corporation owned or controlled by the Central Government or State Government, shall on making an application for the purposes, be given a suitable employment in Government service in Group “D” or Group “C” as Junior Assistant or equivalent post, in relaxation of the normal recruitment rules if such person: - 2026:UHC:115 (i) fulfils the educational qualifications prescribed for the post, (ii) is otherwise qualified for Government service, and (iii) makes the application for employment within five years of the date of the death of the Government servant: Provided that where the State Government is satisfied that the time limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner. (2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed before his death.” (4) Careful perusal of the aforesaid provision reveals that eligibility of dependant of a deceased government servant for compassionate appointment has to be seen on the date of death of concerned employee and not on the date of making application for compassionate appointment. Admittedly, petitioner’s father was employed under the State Government on the date of death of his mother. Thus even though petitioner’s father retired before petitioner made application will not improve his case. Thus there is no scope for interference in the matter. Writ petition fails and is dism issed. ( Man oj Ku m ar Tiw ar i, J.) 5 .1 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F 3C91957BE53, cn=PRABODH KUMAR Date: 2026.01.05 17:50:02 +05'30' 2026:UHC:115