Neutral Citation No. - 2025:AHC-LKO:5860 Court No. - 5 Case :- WRIT - A No. - 1056 of 2025 Petitioner :- Nisha Respondent :- Managing Director U.P. Power Transmission Corporation Ltd. Lko. And 5 Others Counsel for Petitioner :- Mohd Kamal Khan Counsel for Respondent :- Dr. Ashutosh Mishra Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and Dr. Ashutosh Mishra, learned counsel appearing for all the respondents. 2. With the consent of learned counsels for the parties, the writ petition is being decided finally. 3. Under challenge are the orders dated 12.09.2024 and 09.09.2024, copies of which have been filed as Annexures 11 and 12 to the writ petition. Vide order dated 12.09.2024, the petitioner has been directed to bring a 'No Objection Affidavit' from her mother-in-law Smt. Prema Devi for appointment on compassionate ground. Vide order dated 09.09.2024 it has been indicated that as Writ A No.7588 of 2022 has been filed by Smt. Prema Devi, the mother-in-law of the petitioner, as such, the file pertaining to compassionate appointment of the petitioner is being returned. 4. Bereft of unnecessary details the facts at set forth by the learned counsel for the petitioner are that the petitioner's husband namely Sanjay Kumar was a worker under the respondents who died in harness on 02.10.2019. The petitioner staked her claim for appointment on compassionate ground. In the meanwhile, it emerges that the mother-in-law of the petitioner namely Smt. Prema Devi has also filed a writ petition before this Court as has been indicated in the order dated 09.09.2024. 5. Dr. Ashutosh Mishra, learned counsel for the respondents, on the basis of instructions states that the writ petition filed by Smt. Prema Devi does not pertain to compassionate appointment rather the same pertains to her claim for being paid the death cum retiral dues of her son namely Sanjay Kumar, who is also the husband of the petitioner, to her. 6. Considering the aforesaid more particularly when the writ petition filed by the mother-in-law of the petitioner namely Smt. Prema Devi does not pertain to her staking claim for compassionate appointment consequently there cannot be any occasion for the respondents to have returned back the file pertaining to compassionate appointment of the petitioner. Thus, the order dated 09.09.2024 is patently vitiated. 7. So far as the order dated 12.09.2024 is concerned whereby the petitioner has been required to get a 'No Objection Affidavit' from her mother -in-law, Dr. Ashutosh Mishra, learned counsel for the respondents, has been unable to indicate from the rules as to the requirement of the said 'No Objection Affidavit'. However, he states on the basis of instructions that the said affidavit has been required from the mother-in-law of the petitioner so that no future controversy arises from the family of the deceased pertaining to compassionate appointment. 8. It is settled proposition of law that compassionate appointment is to be made as per the rules and it is only the persons who are eligible under the rules can be appointed on compassionate ground. It is not the case of the respondents that the mother-in-law of the petitioner namely Smt. Prema Devi has staked her claim for compassionate appointment and consequently there cannot be any occasion for the respondents to insist for a 'No Objection Affidavit' from the mother-in-law of the petitioner. Thus, the order impugned dated 12.09.2024 is patently vitiated on the ground alone. 9. Keeping in view the aforesaid discussion, the writ petition is allowed. The orders dated 12.09.2024 and 09.09.2024, copies of which are Annexures 11 and 12 to the writ petition, are quashed. The competent authority is directed to consider the claim of the petitioner for compassionate appointment in accordance with rules. 10. Let such a consideration be made within a period of four weeks from the date of receipt of a certified copy of this order, provided there is no legal impediment. Order Date :- 29.1.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench