2026:UHC:4284 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2263/2022 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Shivanand Bhatt, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner was offered appointment on compassionate ground as Clerk in Department of Ayurvedic and Unani Services, Uttarakhand in the year 2011. In this writ petition, he has challenged order dated 15.10.2022 passed by Director, Ayurvedic and Unani Services, whereby direction was issued to relieve six ministerial employees, who were appointed against supernumerary posts, for Watershed Department. 4. Petitioner contends that he was not heard before passing the relieving order and juniors to him are retained in Department of Ayurvedic and Unani Services. 5. Learned State Counsel, however, submits that petitioner’s father was a Group ‘D’ employee, who died in harness and petitioner was given compassionate appointment on a Group ‘C’ supernumerary post, as there was no vacancy available on the post of Junior Clerk. He submits that petitioner is a surplus employee in the Department of Ayurvedic and Unani Services, while there are other State Departments, where there is shortage of ministerial employees. He submits that State 2026:UHC:4284 Government took a policy decision to shift surplus employees, appointed against supernumerary posts, to other Departments, where there was need of ministerial employees, and pursuant to that decision, petitioner was relieved for Watershed Department. He points out that Watershed Department had also given consent for petitioner’s transfer and petitioner is now serving in Watershed Department at Dehradun. 6. This Court do not find any reason to interfere with the relieving order, as petitioner has been relieved pursuant to a policy decision taken by State Government. It is in dispute that petitioner was appointed against a supernumerary post. Since he is surplus in Department of Ayurvedic and Unani Services, therefore, State Government can very well utilise his services in some other Department where there is dearth of ministerial employee. 7. The purpose of compassionate appointment is to provide immediate financial help to the family of the deceased employee. In the present case, petitioner’s father was a Group ‘D’ employee, yet petitioner was given appointment on a Group ‘C’ post, which is higher in status; that status has remained unchanged and he is now serving in Watershed Department on a Group ‘C’ post. Thus, there is no prejudice caused to petitioner by his transfer and his conditions of service also remain unchanged. In such view of the matter, this Court do not find any reason to interfere with the relieving order. 8. Learned counsel for the petitioner then submits that some persons, who 2026:UHC:4284 were appointed after the petitioner on compassionate ground, have been retained in Department of Ayurvedic and Unani Services. 9. If that is so, the writ petition is disposed of with liberty to petitioner to make representation to Director, Ayurvedic and Unani Services. If such representation is made within ten days from today, decision thereupon shall be taken, as per law, within four months thereafter. (Manoj Kumar Tiwari, J) 30.05.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.06.03 05:04:27 -07'00'