2026:UHC:3928 SL. No . Da te Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS W PMS No.1 4 3 1 of 2 02 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Aditya Singh and Mr. Tushar Chauhan, learned counsel for the petitioner. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State. 3. Petitioner’s father was serving as Driver in the Office of Chief Medical Officer, Udham Singh Nagar and he was posted at Kashipur. Petitioner’s father died while in service on 29.10.2024 and after his death, petitioner applied for compassionate appointment. Petitioner’s claim for appointment was not being considered, therefore, she had filed Writ Petition (S/ S) No.995 of 2026 which was disposed of with a direction to Competent Authority to take decision on the application made by petitioner within four months. 4. Since there were other claimants also who had applied for compassionate appointment as dependant of Bijender Singh Yadav (petitioner’s father), therefore, this Court had directed Competent Authority to provide opportunity of hearing to other claimants also. 5. In this writ petition, petitioner has sought following reliefs: - “(i) Issue a writ, order or direction in the nature of certiorari for quashing the notice dated 07th May, 2026 passed by the respondent no.2 (annexed as Annexure A.5) to this writ petition at page 24) whereby, the petitioner has been directed to vacate the government premises and to deposit the rent amount. (ii) Issue a writ, order or direction in the nature of mandamus directing respondent no.2 to permit the petitioner to continue residing in the premises in question during the pendency of the petitioner’s representation and till a final decision is taken thereon in accordance with law.” 2026:UHC:3928 6. It is contended by learned counsel for the petitioner that a residential accommodation was allotted to petitioner’s father and now, authorities are compelling petitioner to vacate the same. Attention is drawn to order dated 07.05.2026 issued by Chief Medical Officer concerned whereby petitioner was asked to vacate accommodation within fifteen days. 7. Learned counsel for the petitioner submits that since petitioner’s claim for compassionate appointment is pending consideration, therefore, it would be unjust to ask her to vacate the accommodation. 8. This Court finds substance in the contention made on behalf of the petitioner. To ascertain whether petitioner is entitled to compassionate appointment or not is to be decided by Competent Authority, therefore, till that decision is taken, it would not be proper for the authority concerned to ask petitioner to vacate the accommodation. 9. Writ petition is accordingly disposed of by providing that impugned notice dated 07.05.2026 shall be kept in abeyance till 30.08.2026. However, this order will not preclude the Competent Authority to make recovery of rent from petitioner, at a later stage, at appropriate rate. ( Manoj Kum ar Tiw ar i, J.) 20.05.2026 AK