High Court · 2025

Mr. Vinod Tiwari, Advocat e, for t he pet it ioner. Mr. Raj eev Singh Bisht , Addit ional CSC, for t he St at e. t hat his Pet it ioner is aggrieved by ( 2) t he order dat ed 24.8.2020, passed by Direct or General, Medical, Healt h and Fam ily Welfare. By t he said order, pet it ioner ’s claim for com passionat e appoint m ent was rej ect ed on t wo t he ground siblings are em ployed under t he St at e Governm ent . Pet it ioner has challenged t he said order on t he ground t hat as per Rule 5( 1) of Governm ent Servant s Dependant s Dying in Harness Rules, 1974, which is applicable in St at e of Ut t arakhand also, dependant of a deceased governm ent servant can be denied com passionat e t he appoint m ent only deceased em ployee in governm ent em ploym ent . Rule 5 of t he said rules is reproduced below: The U.P. Recruit m ent spouse of t he case m ay be) of “ 5 . Re cr u i t m e n t o f a m e m b e r o f t h e f a m i l y o f t h e d e ce a se d .—( 1) I n case a Governm ent servant dies in harness aft er t he com m encem ent of t hese rules and t he spouse ( as t he deceased Governm ent servant , is not already em ployed under t he Cent ral Governm ent or any St at e Governm ent or a Corporat ion owned or cont rolled by t he Cent ral Governm ent or any St at e Governm ent , t hen a m em ber of his/ her fam ily who is not already em ployed under t he Cent ral Governm ent or any St at e Governm ent or a Corporat ion owned or cont rolled by t he Cent ral Governm ent or St at e Governm ent , shall on m aking an applicat ion t he purposes, be given a suit able em ploym ent in Governm ent service in Group “ D” or Group “ C” as Junior Assist ant or equivalent post , in relaxat ion of t he norm al recruit m ent rules if such person: - ( i) fulfils qualificat ions educat ional t he ( ii) ( iii) qualified ot herwise prescribed for t he post , Governm ent service, and m akes t he em ploym ent wit hin five years of t he dat e t he Governm ent servant : applicat ion deat h t he t he applicat ion Provided t hat where t he St at e Governm ent is sat isfied t hat t he t im e lim it fixed for m aking for em ploym ent causes undue hardship in any part icular case, it m ay dispense wit h or relax t he requirem ent as it m ay consider necessary for dealing wit h t he case in a j ust and equit able m anner. ( 2) As far as possible, such an em ploym ent should be given in t he sam e depart m ent deceased Governm ent servant was em ployed before his deat h.” in which t he ( 3) Perusal of t he aforesaid provision t hat dependant of a deceased reveals governm ent servant is disqualified from seeking com passionat e appoint m ent under t he St at e if t he spouse of t he deceased governm ent servant is already em ployed under t he Cent ral Governm ent or St at e Governm ent or a Corporat ion owned or cont rolled by t he Cent ral Governm ent or St at e Governm ent . This is not t he case t he here as respondent s t he St at e or Cent ral em ployed under Governm ent or any Governm ent owned is not t hat pet it ioner ’s m ot her t he case of Corporat ion. t he subm ission m ade by Thus, t his Court finds subst ance ( 4) learned Counsel for t he pet it ioner t hat t he ground t aken for rej ect ing pet it ioner ’s claim for com passionat e unsust ainable. appoint m ent ( 5) Learned Counsel also relied upon a j udgm ent rendered by coordinat e Bench in Writ Pet it ion ( S/ S) No. 683 of 2012, where also sim ilar v iew was t aken. I n such view of t he m at t er, w rit ( 6) pet it ion is allow ed. I m pugned order dat ed aside. Com pet ent 24.8.2020 t o aut horit y reconsider pet it ioner‘s com passionat e appoint m ent , st rict ly as per law, and pass appropriat e order w it hin one m ont h from t he dat e of product ion of cert ified copy of t his order. direct ed ( M a n o j K u m a r Ti w a r i , J.) 2 .9 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198 d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FC A58C67F3C91957BE53, cn=PRABODH KUMAR