Neutral Citation No. - 2025:AHC:70996-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1157 of 2024 Appellant :- Lokesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- K.S. Tiwari,Vivek Tiwari Counsel for Respondent :- Ajeet Singh,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Claim of appellant for compassionate appointment has been rejected by learned Single Judge, who has noticed the facts of the case. It would be worthwhile to reproduce the following passage from the judgment of learned Single Judge dated 13.11.2024:- "The father of the petitioner died on 20.10.2007. The mother of the petitioner was granted an appointment under the dying-in-harness rules as an Assistant Teacher. At a later point in time, the appointment of the petitioner's mother was cancelled as she did not possess the eligibility to be appointed as an Assistant Teacher. Simultaneous to the cancellation of the said appointment the mother of the petitioner was offered an alternative appointment. She declined the offer. Subsequently the application was made on behalf of the petitioner for appointment under compassionate grounds on 12.09.2017. Thereafter, the petitioner approached this Court by instituting a writ petition in the year 2024 which was registered as Writ Petition No.2136 of 2024. The mother of the petitioner did not avail of the aforesaid order nor did she pursue her case for appointment under dying-in-harness rules. Further, there is no good cause for delay and laches on part of the petitioner. Mere filing of writ petition which is disposed of with the direction to consider the case of the petitioner does not condone the laches. There is no explanation for the delay on part of the petitioner in approaching this Court even after he had attained majority. Further, prolonged delay also creates a presumption that immediate financial crisis no longer exists. Moreover, no post can be kept vacant. The writ petition is dismissed." Sri K.S. Tiwari appearing for the appellant submits that the claim for compassionate appointment of the present appellant is liable to be considered and the appointment offered to appellant's mother made on the post of Assistant Teacher was wrongly withdrawn. It remains undisputed that father of the petitioner died on 20.10.2007. The appellant's mother was granted compassionate appointment on the post of Assistant Teacher and after it was found that she lacked qualification, she was offered appointment on Class-IV post. The mother neither joined on Class-IV post nor contested her discontinuance on the post of Assistant Teacher. In such circumstances, a subsequent claim instituted by the present appellant, who is the son, after 10 years of the death of the father is rightly rejected by the learned Single Judge, inasmuch as the very object of offering compassionate appointment would cease to exist after such long period. Special appeal lacks merit and is, accordingly, dismissed. Order Date :- 5.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad