HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9746 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondents No.1 to 4 and Dr. Uday Veer Singh, learned counsel appearing for the respondents No.5 and 6. 2. The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to reconsider the claim of the petitioner for compassionate appointment on the post of Assistant Teacher. 3. From the arguments as raised by the learned counsel for the petitioner and the learned Standing Counsel as well as a perusal of the records, it emerges that the petitioner’s mother, namely, Smt. Jarina Khatoon, was an Assistant Teacher who died in harness on 06.08.2007. Admittedly, at the time of the death of the petitioner’s mother, his father was also in service, working as an Assistant Teacher. 4. Earlier, the claim of the petitioner has been rejected vide order dated 14.09.2022, a copy of which is annexure-6 to the petition, indicating the aforesaid fact and the specific bar as contained in Rule 5(1) Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. 5. Strangely, despite the claim of the petitioner having been rejected vide the order impugned dated 14.09.2022, no challenge has been Versus Counsel for Petitioner(s) : Arun Kumar Tripathi, Surya Deo Sharma, Yugal Tripathi Counsel for Respondent(s) : C.S.C., Uday Veer Singh Fazlur Rahman .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko. And 7 Others .....Respondent(s) raised to the said order in the instant petition. 6. Be that as it may, the fact of the matter remains that in terms of Rule 5(1) of the Rules, 1974, once either of the spouse is in service at the time of death of the other spouse, no claim for compassionate appointment of a dependent can be entertained. 7. Considering the aforesaid admitted position, no case for interference is made out. 8. The writ petition is, accordingly, dismissed. August 28, 2025 cks/- WRIA No. 9746 of 2025 2 (Abdul Moin,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench