Neutral Citation No. - 2025:AHC:89109-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 321 of 2024 Appellant :- Smt Neetu Sharma Respondent :- State Of Up And 4 Others Counsel for Appellant :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Rama Nand Pandey Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Appellant's mother-in-law was an Assistant Teacher in basic institution. She died on 28.12.2017. An application for compassionate appointment was filed by the son of the deceased teacher, who happens to be the husband of appellant. His claim, however, was kept pending. Son of the deceased teacher, therefore, approached this Court by filing Writ-A No.19207 of 2022, which came to be disposed of vide following orders passed by learned Single Judge on 23.11.2022:- ".......... Needless to say that this Court has not expressed any opinion on the merits of the claim of the petitioner and it shall be open for the respondent No.2 to pass appropriate orders strictly in accordance with law." 2. Unfortunately before any order could be passed by the authorities, the husband of petitioner, who happened to be the son of deceased teacher also died on 11.4.2023. It is thereafter that the claim of petitioner has been rejected by the District Basic Education Officer, Jhansi on the ground that a second application in respect of compassionate appointment could not be maintainable, inasmuch as the first application moved by the son of the deceased teacher had remained pending within 5 years. 3. Learned counsel for the appellant submits that the claim of appellant husband was not accorded consideration despite the orders passed by this Court, and therefore, denial of her claim for compassionate appointment has caused grave injury and injustice to her. 4. It is undisputed that deceased Assistant Teacher had only one son i.e. husband of the appellant. He had applied for compassionate appointment in the year 2018. It appears that the appellant's husband was pressing for Class-III employment but the department was not inclined to consider such claim. No order, however, was passed in that regard. It was in this context that appellant's husband approached this Court for a direction to examine the claim of appellant's husband for compassionate appointment. Admittedly no orders were passed even pursuant to the aforesaid direction of the Writ Court. In between the son of deceased Assistant Teacher died. The appellant thereafter has come up with claim of compassionate appointment. 5. Learned counsel for the appellant submits that the appellant has no other means to support herself and she continues to be the widow of the son of the deceased Assistant Teacher. Learned counsel also submits that appellant shall be grateful if she is granted compassionate appointment on a Class-IV post. 6. In the facts of the case, we find that though a timely application was moved by the husband of the appellant but admittedly no order was passed in respect of his claim for compassionate appointment. This remained the position even after the orders were passed by this Court. The Dying in Harness Rules have been amended and widowed daughter-in-law is also included in the definition of the family. In view of the fact that appellant is pressing for compassionate appointment on the post of Class-IV employee and it is stated that she has no other means available to her, as such, we deem it appropriate to interfere in the present appeal and set aside the order of learned Single Judge dated 8.2.2024 dismissing the claim of appellant. 7. Special appeal, in such circumstances, is disposed of with a direction upon the District Basic Education Officer, Jhansi to reconsider the claim of appellant for compassionate appointment on a Class-IV post, within a period of three months from the date of presentation of a certified copy of this order. This order is passed in peculiar facts of the case and it shall not treated as laying down any binding precedent. Order Date :- 26.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad