Neutral Citation No. - 2025:AHC:23757 Court No. - 7 Case :- WRIT - A No. - 1431 of 2025 Petitioner :- Pankaj Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rama Pati Tripathi Counsel for Respondent :- Arun Kumar Tripathi,C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition with the prayer to direct the respondent No.2/District Basic Education Officer, Sant Kabir Nagar to appoint the petitioner under the dying in harness rules. 2. Facts in brief as contained in the writ petition are that the father of the petitioner was initially appointed on the post of Assistant Teacher in Primary School in the year 1999 and he died during his service on 31.03.2022. Immediately after his death, the petitioner submitted application for his appointment on compassionate ground but till date no decision has been taken in the matter. 3. Pursuant to the order passed by this Court, Instructions dated 15.02.2025 received under the signatures of respondent No.2/District Basic Education Officer, Sant Kabir Nagar placed before the Court, the same is taken on record. 4. It is stated in the Instructions that the date of retirement of the father of the petitioner is 31.03.2022. It is further stated that the father of the petitioner duly attended the Institution in the morning at 8:30 a.m. on the said date and he left the Institution at 3:00 noon, thereafter he died on the said day. In this view of the matter, it is not feasible for the department to grant appointment to the petitioner on compassionate ground. 5. In response to the same, it is argued by learned counsel for the petitioner that the word "Afternoon" would mean up to midnight. In support of his arguments, he relied upon paragraph 5 of the judgement passed by this Court in the case of Ram Pal Vs. U.P. Power Corporation Ltd. reported in 2015 LawSuit (All) 2757 which reads as follows:- [5] Learned counsel for the petitioner has also placed reliance in another Division Bench of this Court in Anjore Singh v. Union of India & Ors,2007 7 ADJ 273 decided on 6th July, 2007 in which also the Court held that last working day in the service of Government servant cannot be the date of retirement. The date of retirement would be the next date of retirement. On the other hand learned counsel for the respondents had filed counter affidavit stating that the mother of the petitioner working a Petrolman in the office of Vidyut Vitran Upkhand-I at 33/11 K.V. Bandawar retired on 30.04.2011 at 6.00 p.m. and she died after her retirement. He submits that as the mother of the petitioner had died after retirement, the claim of the petitioner for compassionate appointment cannot be accepted. Heard rival submissions, perused the record, and respectfully considered the judgements cited at the Bar. The sole controversy in this writ petition is to decide whether the mother of the petitioner can be treated as a government servant till the completion of working hour in the office i.e. 6.00 p.m. or till the completion of the whole day i.e. 24.00 Hrs. of the said date. 6. In this view of the matter, it is argued by learned counsel for the petitioner that the petitoner is entitled for consideration of his case of compassionate appointment. 7. Heard learned counsel for the parties and perused the record. 8. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.2/District Basic Education Officer, Sant Kabir Nagar to take a decision in the matter expeditiously and preferably within a period of six weeks from today from the date of production of certified copy of this order. Order Date :- 19.2.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad