Neutral Citation No. - 2025:AHC:118393 Court No. - 52 Case :- WRIT - A No. - 18226 of 2018 Petitioner :- Vidya Bhushan Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner as well as Mr. Hare Ram, learned Standing Counsel for the State-respondents. In view of the proposed order, notices on behalf of respondent no.4 is dispensed with. The present petition has been filed challenging the order dated 16.05.2018 passed by respondent no.3 vide which the claim for compassionate appointment of the petitioner has been rejected. Petitioner claims appointment on compassionate ground arising from the death of his father Sri Budhi Ram who was appointed as Assistant Teacher in Ambedkar Prathmik Vidyalay, Suranguwa Medhu Par, District- Mau, an institute receiving grant from Social Welfare Department of the State of U.P. Records reveal that the petitioner had made an application for grant of compassionate appointment before the respondent but when no action was taken, a writ petition was filed being Writ- A No.59607 of 2017 (Vidhya Bhushan Chauhan vs. State of U.P. & 3 Others) was filed, which was disposed of vide order dated 13.12.2017, directing the respondent-District Social Welfare Officer, Mau to consider and decide the claim of the petitioner by reasoned and speaking order. In compliance of the aforesaid order, the claim of the petitioner has been rejected by the order impugned on the ground that there is no scheme for grant of compassionate appointment at the institutions financed by the Social Welfare Department, Government of U.P. Learned counsel for the petitioner has placed reliance upon the orders passed in Writ-A No.2593 of 2023 (Ram Singh vs. State of U.P. Thru. Prin. Secy. Social Welfare Deptt. And 4 Others) decided on 03.04.2023 by the concerned Hon'ble Court. Learned Standing Counsel for the State-respondents could not dispute the aforesaid fact. Having heard learned counsel for parties and having perused the record, language of the Government Order dated 04.06.2019 is very plain. In the first place, 'Subject' on which the same has been issued, reads as below:- "Samaj Kalyan Vibhag U.P. ke adheenasthh sanchalit sahayta praapt audhogik evam pravidhik sikshan sansthano ke chaturth shreni savarg ke pado ke sambandh me ki gayi vetan samiti-2008 ki sanstutiyon par liye gaye nirnay ke karyanvayan ke sambandh mein." Then the operative decision contained in the Government Order contained as below:- "Mujhe yeh bhi kehne ka nirdesh hua hai ki bhavishya me chaturth shreni ke kisi bhi pad (kanishth varg ke pravidhik pado ko chhodkar) par niyukti nahi ki jayegi tatha chaturth shreni ke rikt hone wale pado ke sambandh mein keval outsourcing ke madhyam se vyavastha ki jaye. Parantu ukt vyavastha Uttar Pradesh sewa kal me mrit sarkari sewako ke aashriton ke bharti niyamawali 1974 ke antargat samooh-'?' ke pado par ki jaane wali niyukti ke sambandh mein laagu nahi hogi." In view of the above, no useful purpose may be served in keeping the petition pending or calling for a counter affidavit at this stage. Clearly, there exists a policy decision to grant compassionate appointment at institutions funded by the Social Welfare Department. Also, there is no dispute that the institution Ambedkar Prathmik Vidyalay, Suranguwa Mehdu Par, District- Mau is an institution receiving grant from the Social Welfare Department, Government of U.P. Therefore, by virtue of clear language of the Government Order referred to above, there exists room to grant compassionate appointment at institutions receiving grant-in-aid from the Social Welfare Department. In view of the above, the reasoning contained in the impugned order dated 16.05.2018 is erroneous and cannot be sustained. Accordingly, the order dated 16.05.2018 is set aside. The matter is remitted to the Respondent No.3 to now proceed to evaluate the petitioner's entitlement to receive compassionate appointment at Ambedkar Prathmik Vidyalay, Suranguwa Mehdu Par, District- Mau. Subject to such entitlement being found in favour of the petitioner, necessary appointment may be granted. In any case a reasoned and speaking order may be passed within a period of two months from the date petitioner files a copy of this order before the said respondent. With the above observations, present writ petition stands disposed of. Order Date :- 21.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad