Neutral Citation No. - 2025:AHC-LKO:39828 Court No. - 5 Case :- WRIT - A No. - 6680 of 2025 Petitioner :- Vaseem Malik Respondent :- State Of U.P. Thru. Prin. Secy. Transport U.P. Lko. And 4 Others Counsel for Petitioner :- Jaideep Srivastava,Abhay Shukla,Sunil Kumar Gupta Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Ratnesh Chandra, learned counsel appearing on behalf of the respondents no. 2 to 5. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. Under challenge is the order dated 03.04.2025, a copy of which is annexure 11 to the writ petition passed by the Corporation whereby the claim of the petitioner for compassionate appointment has been rejected. A further prayer is for quashing of the order dated 11.10.2021 as referred to in the impugned order whereby the General Manager (Personnel) has not found the petitioner as eligible for being appointed on compassionate grounds. Bereft of unnecessary details, the facts of the case are that the petitioner's father working who was working as a regular driver in the Corporation died in harness on 07.05.2018. The petitioner considering himself eligible for being appointed on the compassionate ground admittedly filed an application on 15.04.2021. His application was accompanied by a heavy vehicle driving license dated 04.09.2019. The claim of the petitioner for compassionate appointment has been rejected after the General Manager (Personnel) did not find the petitioner suitable for being appointed on compassionate grounds vide letter dated 11.10.2021 and the same has been followed vide order impugned dated 03.04.2025, a copy of which is annexure 11 to the writ petition whereby it has been indicated that as the heavy vehicle driving license of the petitioner is dated 04.09.2019 and five years period of the said license would come to an end on 04.09.2024 consequently, as on 04.09.2024 his claim for compassionate appointment would be beyond the period of five years from the date of death of the petitioner's father. The aforesaid ground as indicated in the order impugned dated 03.04.2025 is found to be patently misconceived. The reasons are not far to seek. The Uttar Pradesh Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974") which have been adopted in the Corporation as stated by Sri Ratnesh Chandra, Advocate specifically provides in Rule 5 (i) (iii) that an application for compassionate appointment is to be made within five years from the date of the death of the Government servant. Here, the application has admittedly made on 15.04.2021 i.e within a period of five years of the death of the petitioner's father who died on 07.05.2018. Merely because a license of a heavy vehicle is required for a period of five years and the license itself has been issued on 04.09.2019 which period would come to an end on 04.09.2024, the same would not entail that the claim of the petitioner for compassionate appointment being beyond the period of five years as given in the Rules, 1974. Thus, it is apparent that there has been patent non application of mind on the part of the respondents while issuing the orders impugned. Keeping in view the aforesaid discussion, the writ petition is allowed. The order impugned dated 03.04.2025, a copy of which is annexure 11 to the writ petition as well as order dated 11.10.2021 passed by the General Manager (Personnel) so far as it pertains to the petitioner are quashed. The matter is remitted to the respondents to pass a fresh order keeping in view the observations made above. Let such an order be passed within a period of eight weeks from the date of receipt of a certified copy of this order. Order Date :- 11.7.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench