Compassionate Appointment: Widow With Minor Children Takes Precedence Over Adult Substituted Claimants Under Rule 7 Guidelines

The petitioner, Rahul Tamta, challenged an Office Memo dated 21.08.2025, which granted compassionate appointment as a ‘Peon’ to his stepmother (Respondent No. 6) following the death of his father, Prem Lal Tamta, an employee of Uttarakhand Power Corporation Limited

The father died in harness on 31.07.2022

In a previous litigation (WPSS No. 369 of 2023), the High Court directed the competent authority to decide the competing claims under Rule 7 of the 1974 Rules

On 02.06.2023, the authority ruled in favor of the stepmother, citing her need to support three minor children

The petitioner alleged that a compromise was signed on 20.08.2024, whereby he was to receive the job and the stepmother was to receive monetary benefits

The authority noted the stepmother later backed out of this arrangement

1. Whether the appointment of the stepmother (Respondent No. 6) on compassionate grounds was valid under Rule 7 of the U.P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974

2. Whether the petitioner is entitled to a share of the deceased father's monetary dues to support himself and his unmarried sister

Rule 7 of the U.P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 (as adopted in Uttarakhand), which stipulates that when multiple family members seek employment, the Head of Office must decide suitability based on the "overall interest of the welfare of the entire family," with specific priority given to the widow and minor members

The court found no reason to interfere with the appointment of Respondent No. 6, noting that the competent authority followed the statutory guidelines in Rule 7

The court reasoned that since the petitioner is a "grown-up and educated person" of over 32 years of age, he is capable of fending for himself

Conversely, the stepmother is uneducated and has the burden of supporting three minor children, making her the more suitable candidate for the welfare of the family unit

Regarding the alleged compromise, the court observed that the authority held the stepmother had backed out of it, and the petitioner failed to challenge the underlying decision dated 02.06.2023 which originally adjudicated the competing claims

The Court permitted the petitioner to file a representation before the Managing Director of Uttarakhand Power Corporation Limited within two weeks regarding the distribution of monetary benefits; the authority is directed to decide on the distribution of dues as per law within eight weeks thereafter, ensuring a hearing is provided to Respondent No. 6