Neutral Citation No. - 2025:AHC:119142 Court No. - 52 Case :- WRIT - A No. - 3373 of 2021 Petitioner :- Yatin Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bal Krishna Pandey,Pradeep Kumar Tiwari Counsel for Respondent :- Ajay Kumar Sharma,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, Mr. Shashi Prakash Rai, learned counsel for respondent no.4 (B.S.A) as well as Mr. Brijesh Narayan Srivastava, learned Standing Counsel for the State- respondents. This present petition has been filed with the prayer to direct the respondent no.4 to give appointment to the petitioner under Dying- In-Harness Rules on compassionate ground in place of his mother Smt. Jagwati Devi in compliance of direction/order dated 30.11.2017 as given by respondent no.1 and a further prayer to direct the respondent no.2 to take appropriate decision on the letter dated 20.08.2019 sent by respondent no.4. Learned counsel for the petitioner submits that Smt. Jagwati Devi who was working as a Class-IV employee i.e. on the post of Sevika in Junior High School, Jever-2, Gautam Budh Nagar, died in harness on 29.01.2001 leaving behind her daughter Smt. Usha Rani and the petitioner as her legal heirs and representative. The petitioner claiming himself to be the adopted son on the basis of adoption deed dated 05.01.2001, moved an application for appointment on compassionate ground. The claim has not been decided till date. Learned counsel for the petitioner emphasizing upon page no.27 of the petition submits that on his application, he was informed about being appointed on compassionate ground only after consideration of his claim in case of vacancy in Class-IV post. However, it has also been mentioned that he does not have the requisite qualification for appointment on the post of Assistant Teacher. Emphasizing upon page no.37 of the petition, the letter of District Basic Education Officer, Gautam Budh Nagar addressed to District Magistrate, Gautam Budh Nagar, he submits that a requisite has been made by the District Basic Education Officer to District Magistrate to pass appropriate order but the same has not been done till date, therefore, a direction may be issued to the concerned authorities to decide the claim of the petitioner for appointment on compassionate ground. Learned counsel for the petitioner submits that date of birth of the petitioner is 20.11.1994 and at the time of death of the deceased employee, the petitioner who claims himself to be the adopted son was 6 years old. He further submits that when the petitioner attained the age of 21 years, he moved an application for appointment on compassionate ground, therefore, delay has no meaning. Learned counsel for respondent no.4-District Basic Shiksha Adhikari, Gautam Budh Nagar submits that some forged appointments were made after the death of Smt. Jagwati Devi, therefore, on a complaint, the appointment of said persons were cancelled as is evident from page no.24 of the petition annexing order dated 28.08.2015 passed by the concerned District Basic Shiksha Adhikari. While conducting the inquiry on the aforesaid and passing the appropriate order, the concerned officer has also dealt with the application of the petitioner mentioning therein that he is not entitled to be appointment on compassionate ground as the adoption deed dated 05.01.2001 is not valid and legal. He also submits that in the letter dated 20.08.2019 also, the aforesaid fact has been mentioned and the application as moved by the petitioner is with 14 years of delay. The aforesaid orders have not been challenged at any point of time. Even otherwise, in view of settled position of law and the grounds as taken in the aforesaid letter/orders issued by the concerned Basic Shiksha Adhikari, the petitioner is not entitled for the aforesaid relief. In view of the aforesaid, this Court does not find any good ground to interfere with the impugned order dated 30.11.2017. Accordingly, the writ petition lacks merits and is hereby dismissed. Order Date :- 22.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad