ASHOK KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. GOVT. OF U.P. HOME DEPTT. LKO. AND 3 OTHERS
WRIA/8023/2025 · 2025-07-23
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153183 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42214 Court No. - 18 Case :- WRIT - A No. - 8023 of 2025 Petitioner :- Ashok Kumar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Govt. Of U.P. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.
2. Petition has been filed seeking a direction to concerned authority to consider petitioner's case for granting relaxation for appointment on the post of Constable (M) on compassionate basis within time bound period and for appointment on the said post with benefits from the date of appointment of the similarly situated persons. Difference of salary along with interest has also been sought.
3. From a perusal of material on record, it appears that petitioner's father late Ram Shanker Tiwari passed away while in service on 09.11.1974 whereafter petitioner given application for compassionate appointment and in terms thereof, his candidature for the post of Constable (M) was rejected vide
order dated 22.02.1992 on the ground that he was ineligible for the same. By means of the same order, petitioner was however granted compassionate appointment on Class IV post.
4. It transpires that subsequently petitioner gave another application for appointment as Constable which was also rejected on 29.10.1998 whereafter the present petition has been filed seeking the same benefit again.
5. The aforesaid record clearly indicates the fact that petitioner has already been granted compassionate appointment in the year 1992 with his representation has also been rejected in the year 1998. It is settled law that petitioner would not have any vested right for compassionate appointment on any particular post. The petition is also highly belated by more than 30 years.
6. In view thereof, this Court does not have any occasion to grant indulgence. The petition, therefore, fails and is dismissed at the admission stage itself. Parties to bear their own costs.
Order Date :- 23.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench