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Neutral Citation No. - 2025:AHC:51436 Court No. - 6 Case :- WRIT - A No. - 4416 of 2025 Petitioner :- Akash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Pandey,Mukesh Kumar Pandey Counsel for Respondent :- C.S.C.,Shashi Kant Srivastava Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Deepak Kumar Pandey, learned counsel for petitioner and Sri Shashi Kant Srivastava, Advocate for Respondents-2 to 4.
2. The mother of petitioner died in harness in the year 2006.
Learned counsel for petitioner submits that petitioner was minor at the time of death of his mother and as soon as he became major in the year 2018 he applied for compassionate appointment. Learned counsel further refers a letter dated 16.09.2020 communicated by District Basic Education Officer, Pilibhit to Secretary, Basic Shiksha Parishad, U.P., Prayagraj that whether in such circumstances, i.e., at a belated stage, claim of petitioner can be considered or not.
3. Learned counsel for petitioner submits that thereafter also petitioner has filed representation, however, except a belated representation dated 22.03.2025 no other document is placed on record. Learned counsel also refers a judgment passed by Supreme Court in Malaya Nanda Sethy v/s State of Orissa and Ors., 2022 SCC OnLine SC 684 that application for compassionate appointment be decided expeditiously, preferably within six months.
4. Learned counsel appearing for respondents referring a
Government Order dated 04.09.2000 submits that claim of compassionate appointment can be considered within five years of death of employee, however, in the interest of justice to grant relaxation the concerned Basic Education Officer has communicated to Secretary, Basic Shiksha Parishad but he has not instruction that any reply is communicated or not, though he submits that object of compassionate appointment is to tide over the immediate financial crisis, which may not be applicable at such belated stage.
5. In aforesaid circumstances, on basis of facts it is evident that petitioner has sought compassionate appointment at a very belated stage, therefore, at this stage it cannot be said that petitioner is still suffering from financial crisis.
6. Still considering that once a communication was made by District Basic Education Officer, Pilibhit on 16.09.2020 to Secretary, Basic Shiksha Parishad, it has to be responded and since there is nothing on record, whether till date it was responded or not, therefore, this writ petition is disposed of with observation that Secretary, Basic Shiksha Parishad will respond to above letter and its outcome shall be communicated to petitioner within a short period.
Order Date :- 9.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad