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2025 DAILYLAW 34927 (ALL)

AMIT SINGH v. STATE OF U.P. AND 3 OTHERS

SPLA/216/2025 · 2025-04-22

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61791-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 216 of 2025 Appellant :- Amit Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Amitabh Tripathi,Manendra Kumar Agrahari Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. The appellant had applied for compassionate appointment on the post of constable. As per the procedure he was required to appear for the physical standard test. Four opportunities have been given to the appellant to participate but he has not availed it. In such circumstances, a communication has been issued to the appellant to apply for a class-IV post which can be accorded consideration. 2. Learned counsel for the appellant places reliance upon an interim order passed by Lucknow Bench to submit that such opportunity has been extended on more occasions. 3. We are not impressed by the arguments advanced on behalf of the appellant. Once the compassionate appointment is being claimed by the appellant he is expected to avail the opportunity and produce himself for physical standard test. We find that grant of four opportunities for such purposes is sufficient. 4. Considering the nature of right of the appellant as also the observations made above, we are not persuaded to interfere in the appeal and thereby direct any further opportunities to be afforded for such persons. We otherwise find that learned Single Judge has protected the appellant by observing that his claim for class-IV appointment would be accorded consideration. No further relief is required in our considered opinion. However, it is provided that if the appellant appears before the authorities within two weeks from today his claim for appointment on a class-IV would be accorded consideration without raising any objection. 5. The special appeal is, accordingly, dismissed. Order Date :- 23.4.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad