HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL MISC REVIEW APPLICATION No. - 120 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard. 2. Instant review application has been filed contending that although at the time of the death of the applicant's mother who was working as Assistant Teacher, the father of the applicant was in service and consequently considering the specific bar as contained in Rule 5(1) of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the 'Rules, 1974'), the respondents have indicated that the applicant cannot be appointed yet the applicant was residing since long with his mother and was dependant upon his mother and consequently the fact of father of the applicant being in employment could not have been considered by the respondents. 3. No evidence has been led by the applicant to indicate that his parents were residing separately and neither is there any evidence to indicate that his parents had divorced so as to not attract the applicability of Rule 5(1) of the Rules, 1974. 4. Further contention is that various other persons whose parents were already in service have been given compassionate appointment and there cannot be any occasion for non appointment of the petitioner on compassionate grounds. 5. Aforesaid argument is found to be patently misconceived considering Versus Counsel for Applicant(s) : Arun Kumar Tripathi Counsel for Opposite Party(s) : Fazlur Rahman .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. And 7 Others .....Opposite Party(s) that there cannot be a negative parity. In case the respondents have done anything wrong, the same cannot be extended to the applicant. 6. The application stands rejected. September 23, 2025 prateek CMRA No. 120 of 2025 2 (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench