Neutral Citation No. - 2025:AHC-LKO:2881 Court No. - 19 Case :- WRIT - A No. - 426 of 2025 Petitioner :- Rajat Mishra Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy., Basic Edu. Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Prabhat Mishra,Dileep Kumar Mishra Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shailendra Singh Rajawat Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite party no.1, Mr. Ran Vijay Singh, learned counsel for opposite party no.2 and Ms. Purnima Singh, Advocate holding brief on behalf of Mr. S.S. Rajawat, learned counsel for opposite party no.3. 2. Petition has been filed seeking a direction to concerned authority to consider petitioner's case for compassionate appointment in terms of the relevant rules and recommendation dated 05.10.2023. 3. It has been submitted that petitioner's mother Smt. Kanchan Mishra passed away in service on 07.04.2013 when the petitioner was minor and thereafter upon attaining majority, submitted his application for compassionate appointment. 4. Learned counsel for opposite party no.3, on the basis of instructions, submits that the petitioner's case in fact had already been considered earlier by issuing appointment letter dated 29.10.2018 granting him compassionate appointment on Class-IV post but the same was refused to be accepted by petitioner. It is submitted that since the petitioner did not join within 10 days of receipt of the aforesaid order, the same automatically ceased to exist. 5. Learned counsel for petitioner, on the basis of instructions, however, submits that petitioner never received the aforesaid order dated 29.10.2018 and is in fact willing to join in terms of the appointment earlier issued to him. 6. Considering the fact that petitioner's case for compassionate appointment had already been considered by the authorities and accepted by issuing order dated 29.10.2018, the opposite party no.3 i.e. District Basic Education Officer, Amethi is directed to issue a fresh appointment order on compassionate basis to petitioner within a period of six weeks from the date a certified copy of this order is served upon the said authority. 7. The petitioner shall provide his joining in terms of directions issued in the fresh appointment letter. Since petitioner's application for compassionate appointment has already been considered and accepted by the opposite parties, there is no occasion to remit the matter to the authorities for consideration afresh. 8. With the aforesaid directions, writ petition succeeds and is allowed at the admission stage itself. 9. Parties to bear their own costs. Order Date :- 16.1.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench