Neutral Citation No. - 2025:AHC:35498 Court No. - 3 Case :- WRIT - A No. - 812 of 2025 Petitioner :- Amit Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amitabh Tripathi,Manendra Kumar Agrahari Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. 2. Supplementary affidavit has been filed today in Court which is taken on record. 3. It appears that the petitioner applied for appointment on compassionate ground under the UP Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974. It appears that repeated opportunities were granted to the petitioner, who was to be considered for appointment to the post of a constable of compassionate ground, to appear in the physical efficiency / physical standard test. It appears from the record that as many as four opportunities were granted to the petitioner i.e. on 8.11.2023, 13.12.2023, 3.10.2024 and 4.10.2024. However, on none of the dates the petitioner appeared before the authority for physical efficiency / physical standard test. Now in the supplementary affidavit, some prescriptions have been filed with the allegation that on the last occasion when the physical efficiency test was fixed, the petitioner was suffering from typhoid and chest congestion. The petitioner's counsel has sought to rely upon a judgment of this Court passed in Writ-A No. 1553 of 2025 (Akhilesh Singh Vs. State of UP and others) [Neutral Citation No. - 2025 : AHC: LKO-9998] to contend that in that case, five opportunities were granted to the petitioner to appear before the authority for taking physical evaluation / physical standard test. 4. Ms. Archna Tyagi, learned Standing Counsel, on the other hand, has relied upon the instructions received by her to contend that as many as four opportunities were granted to the petitioner to appear before the authority concerned for undergoing the test which he failed to do. Thereafter left with no option, the authority has issued letters dated 10.12.2024, 20.1.2025 and 4.3.2025 to the petitioner urging him to apply for a Class IV post, but the petitioner has not so far applied for a class IV post. 5. A perusal of the petition and the instructions received by the learned Standing Counsel reflects that the respondents have been extending all consideration to the petitioner to appear for necessary physical evaluation time and again for his appointment on compassionate ground. Though repeated concessions were granted by the respondents, the same has not been availed of by the petitioner. The judgment relied upon by the counsel for the petitioner had been passed in the facts of the case which cannot be said to be laying down a ratio. As the instructions reflect, repeated letters have been issued to the petitioner to apply for a class IV post. Nothing prevents the petitioner from applying for such a post. 6. It is, however, provided in the interest of justice that in case the petitioner applies for appointment on compassionate ground for class IV post, as reflected in the final reminder letter No. 1/2018 dated March, 3/4, 2025, within a period of 15 days from today, the competent authority shall consider the application in accordance with law. 7. With the aforesaid observations, this petition is disposed of. Order Date :- 11.3.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad