Compassionate Appointment After a Govt Servant's Death

By Aastha Vishwakarma, Advocate · 29 September 2026 · 3 min read

The Uttarakhand High Court recently directed the Medical Education department to decide a Haldwani employee's daughter's compassionate appointment claim within eight weeks, a reminder of how this scheme works.

Who can apply for a compassionate job in Uttarakhand?

Under the Dying-in-Harness Rules, 1974 (adopted by Uttarakhand in 2002), a family member of a government employee who dies while in service can be given a Group C or equivalent post. The employee must have been permanent, regularly appointed, or have completed three years in a regular vacancy.

Rule 2(c) defines "family" as the spouse, son or daughter first. Only if none of them is available or fit does an unmarried sibling, widowed mother, or widowed daughter-in-law become eligible, and after that a dependent grandchild.

The claim is not automatic. The spouse must not already hold a government job, and the applicant must meet the educational and other qualifications for the post applied for.

How soon must the family apply?

Rule 5 requires the application within five years of the employee's death. The government can waive this limit if strict enforcement would cause undue hardship, but the family must ask for that relaxation and explain the delay.

In a recent case, the daughter of a Government Medical College, Haldwani employee who died in December 2024 applied for compassionate appointment, but the department did not decide it for months. On 7 January 2026, the Uttarakhand High Court directed the Director of Medical Education to decide the application within eight weeks.

The application goes to the Head of Office where the deceased was posted, not to any other department, and must set out the family's financial condition.

What if more than one family member applies, or age is a concern?

If more than one eligible relative applies, the Head of Office chooses considering the welfare of the whole family, especially the widow and any minor children.

The rules set a minimum age of 18 at the time of appointment but no maximum age, and the usual written test or interview is dispensed with, though the department may still meet the candidate to check basic suitability.

What you can do

1. Apply to the Head of Office where the deceased employee was posted, with the death certificate and service details.
2. Apply within five years of the death; if delayed, state the reason and ask in writing for the time limit to be relaxed.
3. Include proof of the family's financial condition and the applicant's educational qualifications with the application.
4. If the department does not decide within a reasonable time, take legal advice on your own facts about approaching the High Court for a direction.

Sources

• U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, as applicable in Uttarakhand (official compiled rules) (opens in a new tab)
• Uttarakhand High Court, WPSS/2242/2025, order dated 7 January 2026 (opens in a new tab)