Neutral Citation No. - 2025:AHC:58291 Court No. - 4 Case :- WRIT - A No. - 5024 of 2025 Petitioner :- Vatan Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaladhar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has challenged the order dated 19.08.2023 whereby his claim for compassionate appointment on account of his mother dying in harness has come to be rejected only on the ground that father of the petitioner is already under employment on the post of wardboy at Community Health Centre. 3. Upon a pointed query being made as to the correctness of the observations made in the order and the reason assigned, learned counsel for the petitioner submits that although his father is still in service as wardboy but mother was living separately. 4. Upon a further query being made as to whether there was judicial separation between father and mother, learned counsel for the petitioner denies there to be any judicial separation. 5. In view of the above, the Court is of the considered view that one cannot be permitted compassionate appointment in the event one spouse at the time of death of the other spouse is in employment as per Rule 5. This Court cannot direct for consideration of the appointment only on the plea that mother was living separately. Law does not recognize any separate living due to mutual convenience/understanding except where there is a decree of divorce or judicial separation. 6. In view of the above therefore, I do not find any manifest error in the order passed 19.08.2023. Petition fails and is accordingly, dismissed. Order Date :- 21.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad