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2025 DAILYLAW 100683 (ALL)

GAUTAM SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/14499/2025 · 2025-09-23

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14499 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Ashutosh Mishra, learned counsel for the respondent-BSA and learned Standing Counsel for the State- respondents. The writ petition has been filed with prayer to direct the respondents to grant compassionate appointment to the petitioner on the post of Class-IV employee in the Institution, namely, Kanya Junior High School, Bhandal, Binauli, District-Baghpat. Learned counsel for the petitioner submits that petitioner's father was employed as Class-IV employee at Kanya Junior High School, Bhandal, Binauli, Meerut (now District Baghpat) died in harness on 08.07.2022 leaving behind his son (petitioner) and a married daughter. The petitioner being dependent of the deceased employee moved an application before the authorities on 06.10.2022 requesting for appointment on compassionate ground. While considering the application of the petitioner, the authorities have issued show cause notice on 06.02.2024 regarding pendency of criminal case against the petitioner. Learned counsel for the petitioner contends that petitioner has submitted a reply to the notice mentioning about applicability of judgement as passed in the case of Mahesh Kumar Chauhan Vs. State of U.P. And 3 Others, Neutral Citation No.2025:AHC:103820, wherein the Court has observed that candidate seeking appointment on compassionate ground cannot be denied in case of pending criminal case against him, but no decision has been taken till date. Therefore, a direction may be issued to the authorities concerned to decide the claim of the petitioner regarding the appointment on compassionate ground, considering the reply, at the earliest. Learned counsel for respondent-BSA submits that appropriate orders will be passed in accordance with law. Versus Counsel for Petitioner(s) : Ashish Kumar, Rahul Mishra Counsel for Respondent(s) : Ashutosh Mishra, C.S.C. Gautam Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Considering the facts and circumstances of the case, without entering into merits of the case, the writ petition is disposed of with a direction upon respondent no.4 District Basic Education Officer, Baghpat to pass appropriate orders regarding the appointment of the petitioner, within four weeks from today, in accordance with law, considering the reply of the petitioner as well as keeping in mind the observation made in Mahesh Kumar Chauhan (supra). September 24, 2025 Rahul. WRIA No. 14499 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad