Neutral Citation No. - 2025:AHC:27848 Court No. - 7 Case :- WRIT - A No. - 2484 of 2025 Petitioner :- Priyanshu Singh Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,C.S.C.,Rishabh Kesarwani,Sr. Advocate Hon'ble Prakash Padia,J. 1. Petitioner applied for compassionate appointment on account of his father late Rajpal Singh dying in harness while working as Head Constable with Civil Police on 6th July, 2020, however, while his application was entertained for the post of Sub-Inspector and was directed for the physical efficiency test, he could complete running in excess of 7:150 seconds to the scheduled time which was prescribed as 28 minutes for 4.8 kms. 2. Learned counsel for the petitioner submits that in respect of 7 :150 seconds of delay there should be taken a sympathetic consideration because in many of service rules that provide for compassionate appointment relaxations are offered. He submits that in matters of compassionate appointment, the authorities ought to have taken pragmatic view as these rules are exception to the general rules of recruitment to show compassion towards the bereaved family as sole earning member has met premature death leaving liability behind. However, he submits that given an opportunity, may be as a last one, he would be again participating in the physical efficiency test and if this time he fails, he will not be setting up any further claim for the post and then can be offered any suitable appointment on compassionate basis. 3. Learned counsel for the petitioner has also relied upon an order of a coordinate Bench of this Court at Lucknow Bench in Service Single No.- 14796 of 2020 decided on 22nd October, 2020. 4. Learned Standing Counsel submits that the police force requires certain level of physical efficiency and any compromise to the same would not be in the interest in the police force which is involved in policing like civil administration as and when requires qua security of the people. However, he does not dispute that one direction has been issued in a case but submits, that cannot be taken as a binding precedent. He though submits that second opportunity as such could be offered in the discretion of this Court only as he does not dispute that the rules of compassionate appointment are exceptional to the general rules, however, reiterates the principle that there is no vested right to get a post of choice by way of compassionate appointment. 5. Having heard learned counsel for the respective parties and their arguments raised across the bar, considering the fact that the petitioner has been seeking a compassionate appointment and for which he was directed for physical efficiency test and has just exceeded seven seconds to the scheduled time prescribed for running of a candidate as per the rules, the Court takes pragmatic view and directs that one last opportunity may be given to the petitioner to participate in the physical efficiency test. 6. It is, however, made clear that this will be a last opportunity and no further opportunity will be offered to the petitioner and in the event petitioner fails, he may be offered suitable appointment on compassionate basis. 7. The above exercise of physical efficiency test will be done within a period of 30 days from the the date of production of certified copy of this order. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 27.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad