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2025 DAILYLAW 196895 (ALL)

JITENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DAIRY DEVELOPMENT DEPTT. LKO. AND 3 OTHERS

SPLA/364/2025 · 2025-10-17

Rajan Roy, Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 364 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard. 2. Claim of the appellant for compassionate appointment has been denied on the ground of precarious financial condition of the Cooperative. The Writ Court has accepted the said reasoning and rejected the writ petition, hence this appeal. 3. There is no indefeasible right to compassionate appointment. One cannot ignore the fact that the Cooperative is unable to pay salary even to its existing employee. Therefore, to burden the Cooperative with an obligation to appoint the appellant on compassionate basis under Dying in Harness Rules, 1974 would be highly unreasonable. If the situation improves then the appellant can raise a claim if otherwise permissible in law, but as of now there is no reason in an intra-court to interfere with the judgment of the Writ Court. 4. Subject to above, the appeal is dismissed. October 17, 2025 Anand/- Versus Counsel for Appellant(s) : Pradeep Kumar Tripathi Counsel for Respondent(s) : C.S.C., Pankaj Patel (Rajeev Bharti,J.) (Rajan Roy,J.) Jitendra Kumar .....Appellant(s) State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 3 Others .....Respondent(s) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench