HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 338 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. (I.A. No. 1 of 2025: Condonation of delay) Heard. This is an application for condonation of delay in filing the present special appeal. Cause for the delay in filing the special appeal shown in the affidavit, filed in support of the application, is satisfactory and convincing. The application is accordingly allowed. Delay is condoned. (Order in appeal) Heard learned counsel for the parties and perused the record. While it is true that the writ petition had been filed seeking compassionate appointment on the post of Assistant Teacher/Clerk, but it is equally true that prior to filing of the writ petition on 29.10.2018 the respondent/petitioner was offered compassionate appointment on Class- IV post. The said letter was sent to the respondent-petitioner, as claimed, but respondent-petitioner allegedly declined to accept the said delivery. A supplementary-affidavit has been filed in this regard (which is taken on record) annexing therewith postal-receipt etc. The document does not show that the envelope was opened by the Versus Counsel for Appellant(s) : Shailendra Singh Rajawat Counsel for Respondent(s) : Dilip Kumar Pandey, C.S.C. Distt. Basic Education Officer, Amethi And Another .....Appellant(s) Rajat Mishra And Another .....Respondent(s) respondent-petitioner. There is no doubt that there is an endorsement of refusal, but we do not know under what circumstances this happened. The fact of the matter is, as noticed by the learned Single Judge, that the respondent-petitioner is now ready to accept appointment on Class-IV post. He is only about 27 years of age. Considering the overall facts and circumstances of the case, as it is not the case of the appellant that the post is not available or there is any other legal impediment, we see no reason to interfere with the judgment given by the learned Single Judge, however, we direct the respondent-petitioner to join in pursuance to the aforesaid compassionate appointment letter positively within ten days from the date of receipt of certified copy of this order, failing which his right will be forfeited. With these observations, this appeal is disposed of. September 4, 2025 A.Nigam SPLAD No. 338 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench