Extracted from the PDF above. The PDF is authoritative.
2026:UHC:416 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 4 3 5 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J
Mr. Shobhit Saharia, Advocate for the petitioner. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand/ respondents. 3. Petitioner’s father was employed as Senior Treasury Officer and at the time of his death, he was posted in District Almora. After his passing away on 12.7.2020, petitioner applied for compassionate appointment, which was offered to him on the post of Junior Assistant, which petitioner accepted, though under protest. 4. It is a fact that petitioner submitted joining on the post of Junior Assistant on 18.9.2021 and thereafter he is serving continuously as Junior Assistant. Petitioner appears to have made an application for appointment as Assistant Accountant as per his educational qualification, on compassionate ground. 5. Since his request for upgrading his post to Assistant Accountant is not being considered, therefore, petitioner has approached this Court. 6. Learned State Counsel is right in submitting that compassionate appointment cannot be claimed as a matter of right and compassionate appointment is given to dependent of family member of a deceased employee to tide over sudden financial crises. Learned
2026:UHC:416 State Counsel is also right in submitting that compassionate appointment is not given to a person, for making a career, and it is given as a succour to the bereaved family so that they may bear the loss of death of the sole bread-earner. 7. Since petitioner has accepted appointment, which was offered to him as Junior Assistant, therefore, there is no question of upgrading his appointment to the post of Assistant Accountant. If petitioner thinks that he is qualified and suitable for appointment as Assistant Accountant, then it is open for him to participate in the open selection for appointment to the post of Assistant Accountant. He cannot seek compassionate appointment on the post of Assistant Accountant. The Dying-in- Harness Rules under which compassionate appointment is given, also do not provide for upgradation of a post. 8. Learned counsel for the petitioner submits that other persons were given compassionate appointment as Assistant Accountant. 9.
Merely because someone else was given compassionate appointment on a higher post cannot be a reason for petitioner demanding similar relief. Thus, there is no scope for interference in the matter. The writ petition thus fails and is dismissed. ( Man oj Ku m ar Tiw ar i, J)
9.1.2026 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=3be23325146e76a0642bdf4943fb9046f487df006d a82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.01.09 17:07:45 +05'30'