KUL VIBHOR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BASIC EDUCATION LKO. AND 2 OTHERS
WRIA/10699/2025 · 2025-09-15
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164524 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164524 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10699 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 3 and Sri Net Ram, learned counsel for the respondent no. 2. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. The claim of the petitioner for compassionate appointment to a Class- III post has not been accepted by the respondents by means of the order impugned on the ground that there are no post available. So far as the Class-IV post is concerned, the competent authority has required the petitioner to apply online on the Manav Sampda Portal for consideration of his claim. 4. Contention of learned counsel for the petitioner is that the petitioner's father was an Assistant Teacher who died in harness and as such, the petitioner being graduate, he should be given a post as per his qualification and there cannot be any occasion for the respondents to ask the petitioner to apply on a Class-IV post as sufficient number of Class-III posts are lying vacant. 5. Per contra, Sri Net Ram, learned counsel for the respondent no. 2 states that there are only seven Class-III post and none of the posts are vacant so as to consider the claim of the petitioner for being appointed on a Class- Versus Counsel for Petitioner(s) : Ajai Kumar, Sachin Yadav, Shesh Ram Mishra, Vinayak Pathak Counsel for Respondent(s) : C.S.C., Net Ram Kul Vibhor .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education Lko. And 2 Others .....Respondent(s)
III post. He further states that it is open for the petitioner to apply against a Class-IV post and his application would be considered in accordance with law. 6. The aforesaid statement of Sri Net Ram, learned counsel for the respondent no. 2 of there being no Class-III post vacant is recorded. 7. Considering the aforesaid, the writ petition is disposed of leaving it open for the petitioner to apply online on the Manav Sampada Portal.
In case, the petitioner applies, his case for compassionate appointment on a Class-IV post would be considered in accordance with law and the relevant rules which consideration would be within a period of six weeks from the date of receipt of a certified copy of this order. September 15, 2025 Pachhere/- WRIA No. 10699 of 2025 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench