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HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (S/S) No. 2228 of 2025

Rana Pratap Singh ......Petitioner

Versus

State of Uttarakhand and others ….Respondents

Present:

Mr. Abhishek Dutt, Advocate for the petitioner.

Mr. Devesh Ghildiyal, Brief Holder for the State.

Hon’ble Ravindra Maithani, J.(Oral)

The challenge in this petition is made to an appointment

letter dated 21.01.2014, by which the respondent no.3 has been

appointed under Uttar Pradesh Recruitment Of Dependants Of

Government Servants Dying In Harness Rules, 1974 (“the 1974

Rules”). The petitioner also claims that he should be given appointment

under the 1974 Rules.

2. Heard learned counsel for the parties and perused the

record.

3. It is the case of the petitioner that his father Late Sri

Ramashankar Singh was working as a Forest Guard in Tarai Western

Forest Division, when he died on 08.11.2013 leaving behind the

mother of the petitioner, his younger brother, respondent no.3 and

three sisters. At the relevant time, the petitioner was working as

labourer abroad in Qatar. After the death of his father, the petitioner

came to his home and requested his mother Smt. Kaushalya Devi to

apply for the compassionate appointment under the 1974 Rules and

the mother of the petitioner had assured the petitioner accordingly.

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Thereafter, the petitioner returned abroad. In the year 2019, when the

mother of the petitioner died, the petitioner came to know that, in fact,

the appointment has been secured by the respondent no.3 under the

1974 Rules.

4. It is the case of the petitioner that from 2013 to 2019, the

petitioner never came to know that his mother had not applied for

appointment and he was not aware that, in fact, respondent no.3 had

secured appointment; the petitioner has never given any no objection

certificate or affidavit or any consent for the appointment of respondent

no.3, which, it is stated, is mandatory as per scheme. Thereafter, the

petitioner wrote multiple letters to the authorities. He also sought

information under the Right to Information Act, 2005. Hence, the

petition.

5. Learned counsel for the petitioner submits that after the

death of his father, his mother had assured that she would seek

appointment under the 1974 Rules. It was in the year 2013.

Thereafter, the petitioner left for his occupation abroad in Qatar. In the

year 2019, when his mother died only then he came to know that his

mother did not secure appointment, instead the respondent no.3 had

secured appointment under the 1974 Rules, without any consent or no

objection from the petitioner. It is argued that the respondent may be

asked to file documents pertaining to the appointment of the

respondent no.3.

6. In fact, the petitioner had earlier filed an application under

Section 175 (3) of the Bhartiya Nagarik Suraksha Sanhita, 2023

(“BNSS 2023”) in the court of Civil Judge (Junior Division)/Judicial

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Magistrate, Jaspur, District Udham Singh Nagar, which was registered

as Misc. Criminal Case No. 113 of 2025, Rana Pratap Singh Vs. Tej

Pratap Singh (“the case”). The case was decided on 16.10.2025 and the

application filed under Section 175 (3) of the BNSS, 2023 filed by the

petitioner has been rejected. In paras 9 and 10 of the order passed in

the case, the court had recorded that there has been no forgery made.

In fact, after inquiry, the Divisional Forest Officer has offered

appointment to the respondent no.3. It also records that, in fact, after

sudden death of Sri Ramashankar Singh, his wife Smt. Kaushalya Devi

recommended for appointment of her younger son under the 1974

Rules and she has also given an affidavit on that aspect.

7. The petitioner has not brought to the notice of the Court

that any forgery was ever committed by anyone. The petitioner

admittedly did not apply for his appointment under the 1974 Rules. He

himself admits that in the year 2013 when his father died, he was

working abroad. He claims that his mother had assured him that she

would seek appointment under the 1974 Rules and it is only after her

death in th