RANJAY KUMAR vs UNION OF INDIA
- Court
- Uttarakhand High Court
UKHC010186632026
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date
No.
2026:UHC:10037
COURT’S OR JUDGE’S ORDERS
WPSS/2703/2026
Ranjay Kumar
--Petitioner
Versus
Union Of India
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. Vikas Pandey, learned Amicus
Curiae for the petitioner.
2. Ms. Neeti Rana, learned Central
Government Standing Counsel for
respondent no.1.
3. Mr. Tanmay Tiwari, learned counsel
for respondent no.2.
4. By the instant petition petitioner is
praying for the following relief:-
“I. Issue a writ, order or direction in the
nature of certiorari quashing the impugned
order dated 21.06.2017 (Annexure no.10, page
no.38 to this writ petition) passed by
Respondent No.2 whereby the appointment of
the petitioner to the post of Accountant was
cancelled;
II. Issue a writ, order or direction in the
nature of mandamus directing Respondent
no.2 to reconsider/restore the Petitioner’s
appointment to the post of Accountant in
accordance with law and after considering the
Petitioner’s documented requests for
extension of joining time and the applicable
regulatory framework;
III. upon finding the cancellation unlawful,
grant such consequential service and
monetary benefits from 15.07.2017 onwards;
IV. To issue a writ, order or direction in
the nature of mandamus commanding the
respondents, to remove the respondent no.3
from the position of Accountant, being
illegally appointed on 17.07.2017.”
5. Brief facts of the case are that the
petitioner participated in a recruitment
process in the year of 2017 in which he was
successfully selected and offered
appointment but he sought some more time
to join since his mother was seriously ill
however instead of granting some more time
to join the appointment was offered to the
another person.
6. It is argued that there is no specific
rules with regard to the period stipulated for
joining and there are standing orders of the
Central Government that normally three
months joining time should be given.
Learned Amicus Curiae submits that the
petitioner made a genuine request for
seeking more time since his mother was
seriously ill, therefore, in such an eventuality,
the authority should consider his request for
extension of time for joining by taking
humanitarian approach.
7. Primafacie this Court is of the view that
the respondents should take a very
humanitarian and liberal approach
particularly when a genuine request was
made.
8. In such view of the matter, let the
petitioner may make a fresh representation to
respondent no.2 by raising all his grievance
with standing orders of the Central
Government and if such a representation is
made, the respondent no.2 is directed to
consider and examine and pass a reasoned
order in the light of the Office Memorandum
dated 09.08.1995 as well as as per the
prevailing rules within one month from the
date of the receipt of the order. It is made
clear that that latches will not come into the
way since due to the wrong advice initially
the petitioner approached to the CAT then
Lucknow High Court.
9. Subject to the observation and direction
as above, the instant petition is disposed of
finally.
(Rakesh Thapliyal, J.)
02.11.2026
Arti