Neutral Citation No. - 2025:AHC-LKO:48379-DB Court No. - 1 Case :- WRIT - A No. - 1245 of 2022 Petitioner :- Nitin Verma Respondent :- Union Of India Thru.Secy.The Gov.Of India Mini.Of Health And Family Wel.And Others Counsel for Petitioner :- Zubair Hasan, Shakeel Ahamd Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. 1. Supplementary affidavit filed today by learned counsel for the petitioner is taken on record. 2. Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate & D.S.G.I assisted by Sri Anand Dwivedi, learned counsel for the respondents. 3. This petition has been filed seeking following main reliefs:- "i). Issue a writ, direction or order in the nature of Certiorari quashing the judgment and order dated 19.11.2018 (reserved on 26.10.2018) passed by the Hon'ble Central Administrative Tribunal, Lucknow Bench Lucknow, as contained in Annexure No.1 to this writ petition. ii). Issue a writ, direction or order in the nature of Certiorari quashing the order dated 5/6.03.2018 passed by the Additional Direction, Central Government, Health Scheme Lucknow, as contained in Annexure No.2 to this writ petition. iii). Issue a writ, direction or order in the nature of Certiorari quashing the order dated 27.02.2018 passed by the Respondent No.03, as contained in Annexure No.3 to this writ petition. iv). Issue a writ, direction or order in the nature of Certiorari quashing the communication letter dated 15.03.2018 issued by the Respondent No.004, as contained in Annexure No.4 to this writ petition. v). Issue a writ, direction or order in the nature of Mandamus commanding the respondents to appoint the petitioner under dying in harness on suitable post considering the educational qualification of the petitioner." 4. After hearing the parties what comes out is that even though the office memorandum dated 9th of October, 1998 contains a stipulation that an application for compassionate appointment should not be rejected merely on the ground that the family of government servant has received the benefits under the various welfare schemes, we find from the documents on record that the rejection is not only on this ground but the financial status of the family has been assessed and then the claim for compassionate appointment has been rejected. 5. We have also perused the report annexed as Annexure no. 9 and according to which there was a balance of about Rs.5,67,014/- balance in the bank account, apart from it the family owned a Hundai I-10 Motor Car having Registration No. UP 32 DW 3343 and a two and half story house at Rajajipuram Lucknow built upon an area of 950 sq. feet. This report is dated 8th of August, 2012. The father of the petitioner died on 11th May, 2011. Of course while passing the order dated 5/6 March, 2018, the terminal benefits have also been taken into consideration, which could not have been done in terms of the aforesaid office memorandum, but, as already stated this is not the only reason, the financial status of the family has been assessed. Moreover the death occurred on 11.5.2011 and now we are in 2025, fourteen years have lapsed, the family and the petitioner have survived, therefore whatever was the immediate crisis on the death of the father no longer exists. Compassionate appointment as a source of recruitment is not supposed to be a windfall. It is to meet the circumstances which arise immediately on expiry of a bread earning member of the family. The said stage has passed. We have also perused the judgment of the Tribunal and we find there is no ground for interference therein. 6. The writ petition is, accordingly, dismissed. (Manjive Shukla,J.) (Rajan Roy,J.) Order Date :- 19.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench