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2026 Supreme(Online)(UK) 1830

HIGH COURT OF UTTARAKHAND
Manoj Kumar Gupta, CJ, Subhash Upadhyay, J
District Magistrate Nainital – Appellant
Versus
Ghanshyam Singh Bisht – Respondent
Special Appeal No.132 of 2026

Advocates:
For the Appellants/Petitioners: B.S. Parihar
For the Respondents: Sanjay Bhatt

Compassionate appointment rules, which include individuals with three years of continuous service in a regular vacancy as government servants, must be interpreted liberally in favour of the dependents of a deceased, notwithstanding the nomenclature of the initial appointment as seasonal.

Headnote:(A) Recruitment Rules - Compassionate Appointment - 'Government Servant' definition - Whether services rendered in a seasonal capacity but continuous in nature satisfy requirement for compassionate appointment. Rule 2(a)(iii) specifies that 'Government servant' includes those who, though not regularly appointed, have completed three years of continuous service in a regular vacancy. (Paras 10, 16)

(B) Service Law - Compassionate Appointment - Beneficial legislation - Interpretation of 'Government Servant' - Purpose of enabling provisions is to support dependents of deceased employees - Rules should be interpreted liberally to fulfill object of social welfare. (Para 17)

Facts of the case:
The respondent sought compassionate appointment following the death of his father, who had served in a seasonal capacity for many years. The state authorities rejected the claim, contending that the father did not hold a permanent or regularized position at the time of death and was therefore ineligible under specific recruitment rules. The respondent challenged this and obtained a favorable verdict, asserting that his father’s long-standing continuous service satisfied the criteria for a government employee under the relevant rules.

Findings of Court:
The Court determined that the classification of the deceased as a seasonal employee did not preclude him from being considered a government servant, as he met the statutory requirement of having rendered three years of continuous service in a regular vacancy. The state's previous conduct acknowledged the continuity of service, and the reliance on procedural technicality to deny the claim was dismissed as inconsistent with the spirit of the legislation.

Issues: Whether the deceased employee, engaged on a seasonal basis but having rendered long-term continuous service, qualifies as a 'Government servant' under the recruitment rules for the purpose of compassionate appointment.

Ratio Decidendi: A plain reading of the relevant rule indicates that a person can be treated as a government servant if they possess at least three years of continuous service in a regular vacancy, regardless of whether the initial appointment was strictly permanent or temporary. The court emphasised that beneficial legislation designed for the support of the families of deceased employees must be construed liberally to ensure the intended objective of such welfare schemes is met. (Paras 16, 17)

Result: Appeal dismissed.

Table of Content
1. historical facts, procedural history and prior judicial rulings regarding seasonal collection amins. (Para 1 , 2 , 3 , 4 , 11 , 12 , 13 , 14 , 15)
2. competing contentions regarding the eligibility of non-regular seasonal employees for compassionate appointment. (Para 5 , 6 , 7 , 8 , 9 , 10)
3. interpretation of regulation 2(a)(iii) of the dying in harness rules concerning continuous service against regular vacancies. (Para 16 , 17 , 18 , 19)
4. final order dismissing the appeal and upholding the compassionate appointment directive. (Para 20 , 21)

JUDGMENT : (per Mr. Subhash Upadhyay J.)

1. Present intra-court appeal is directed against the judgment and order dated 02.09.2024 passed by the learned Single Judge in WPSS No.3298 of 2017, “Ghanshyam Singh Bisht Vs. District Magistrate Nainital and Others” whereby the writ petition filed by the respondent was allowed. The respondent had challenged an order dated 14.03.2017 passed by S.D.M. Dhari whereby the claim of the writ petitioner/respondent for appointment on compassionate ground was rejected.

2. As per the case of the writ petitioner / respondent, his father late Shri Bhawan Singh Bisht was appointed as Seasonal Collection Amin in 1994 and he and 17 other similarly situated employees had filed a Civil Misc. Writ Petition No.36942 of 1997 seeking regularization of their services before the Allahabad High Court which was allowed vide order dated 30.07.1998 in terms of the order dated 16.07.1997 passed by the Court in Civil Misc. Writ Petition No.9557 of 1997, “Umrao Singh Rawat and Others Vs. State of U.P.”

3. A Special Appeal No.119/2008 was filed by the State Government against the order dated 30.07.1998 before the Allahabad High Court and the said special appeal on transfer to this High Court was dismissed on 18.12.2009. It is the further case of the writ petitioner that the services of the father of the writ petitioner and other similarly situated employees were regularized on 10.09.2010 but prior to the said order the father of the writ petitioner died on 10.11.2009.

4. The writ petitioner claimed appointment under Dying in Harness Rules and when no decision was taken on the representation filed by the writ petitioner then he filed Writ Petition No.221/2017(S/S) which was disposed of on 01.02.2017 directing the District Magistrate, Nainital to take a decision on the application for compassionate appointment. The aforesaid application of the writ petitioner was rejected on 14.03.2017 against which WPSS No.3298 of 2017 was filed which was allowed on 02.09.2024 against which the present special appeal has been filed by the District Magistrate, Nainital.

5. Learned counsel for the State submits that the father of the writ petitioner was not a regular employee and was working as Seasonal Collection Amin and the application filed by the writ petitioner for compassionate appointment was rightly rejected by the S.D.M. Dhari as there is no provision for appointment of a Seasonal employee under the Dying in Harness Rules.

6. He further submits that the regularization order was passed in the case of the father of the writ petitioner on 10.09.2010, however, before the said date the father of the writ petitioner died on 10.11.2009, as such, he cannot be treated to be a regular employee.

7. The contention of the counsel for the State is that as the father of the writ petitioner was not a regular employee, as such, his case was not covered under the definition of Government Servant as provided under the Dying in Harness Rules.

8. Per contra, learned counsel for the respondent/ writ petitioner submits that the father of the writ petitioner was appointed on 28.04.1994 by the S.D.M. Nainital in the pay-scale of ₹950-1500 and the writ petition filed by the father of the petitioner and the 17 other similarly situated employees before the Allahabad High Court seeking regularization of their services was decided in terms of the judgment and order dated 16.07.1997 passed in Civil

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2026 Supreme(Online)(UK) 1830

HIGH COURT OF UTTARAKHANDManoj Kumar Gupta, CJ, Subhash Upadhyay, JDistrict Magistrate Nainital – AppellantVersusGhanshyam Singh Bisht – RespondentSpecial Appeal No.132 of 2026

Compassionate appointment rules, which include individuals with three years of continuous service in a regular vacancy as government servants, must be interpreted liberally in favour of the dependents of a deceased, notwithstanding the nomenclature of the initial appointment as seasonal.

HIGH COURT OF UTTARAKHAND
Manoj Kumar Gupta, CJ, Subhash Upadhyay, J
District Magistrate Nainital – Appellant
Versus
Ghanshyam Singh Bisht – Respondent
Special Appeal No.132 of 2026