Authority: High Court of Uttarakhand at Nainital
Order Date: 28 September 2026
Case Overview
- Petitioner: Prabhat Renu, son of a deceased Assistant Teacher (L.T. Grade) who died on 02‑09‑2023.
- Respondents: State of Uttarakhand and Additional Director (Secondary Education) Kumaon Mandal, Nainital.
- Petition: Writ Petition Service Single No. 1200 of 2024 challenging the order dated 05‑03‑2024 that rejected his application for compassionate appointment as Assistant Teacher (L.T. Grade) under the pre‑amended Uttarakhand (Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974).
- Grounds: Petitioner argued that at the time of his application the pre‑amended Rule 5(1) was in force, which allowed a suitable appointment in government service without PSC involvement, and that he satisfied the educational qualifications for the specific post.
- Respondent’s position: The amended Rules 2023, effective 28‑12‑2023, apply prospectively; the petitioner is eligible only for a Group C or D post such as Junior Assistant, not the specific Assistant Teacher post. The impugned order was therefore lawful.
Final Outcome
- The Court held that the impugned order was passed within the four corners of law and did not merit interference.
- However, in the interest of justice, the Court directed the State to consider the petitioner’s claim for a compassionate appointment on a Class‑III or equivalent post within two months from the production of a certified copy of this order, without requiring a fresh application.
- The writ petition and any pending application were disposed of; no order as to costs was made.
Topics: Compassionate Appointment, Education Employment