Neutral Citation No. - 2025:AHC:66693 Court No. - 6 Case :- WRIT - A No. - 32733 of 2013 Petitioner :- Malti Working As Peon In Sri Vivekanand Vidya Mandir J.H.S. Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- H.R.Misra,Krishna Kant Yadav,S.V.Singh Counsel for Respondent :- B.K. Yadav Hon'ble Saurabh Shyam Shamshery,J. 1. None appears on behalf of petitioner. Sri Brijendra Mani, learned Standing Counsel is present. 2. In the present case, petitioner has challenged the order dated 1.3.2013 whereby the respondent no.5 was granted compassionate appointment and it was directed that she be allowed to join as 4th Class employee in the concerned Vidyalaya. Accordingly a direction was passed to the Principal/Manager of concerned School to issue appointment letter to respondent no.5. 3. This Court has passed following order on 1.7.2013: "Learned counsel for the respondent nos. 2 and 3 Sri B.K. Yadav and for the respondent no. 1 learned Standing Counsel pray for and are granted three weeks time to file a counter affidavit. Issue notice to the respondent no. 4 and 5, returnable at an early date. While filing a counter affidavit, the respondents shall also explain that if the claim of the petitioner cannot be accepted being in excess of the sanctioned strength of the institution, then under what circumstances has compassionate appointment of the respondent no. 5 been made in the said institution. The issue about the benefit under the Government Order dated 3.1.2013 shall also be answered. List after three weeks." 4. It is the case of the petitioner that she was working as a Class 4th employee in the institution. However, instead of absorbing her, respondent no.5 was appointed on compassionate ground. 5. In the writ petition it has been mentioned that petitioner was working beyond the sanctioned strength. however, she can be absorped in terms of the Government Order dated 3.1.2013 6. It is well settle that compassionate appointed is granted on the basis of relevant scheme or provisions. 7. Government Order dated 3.1.2013. provides that in case an employee who was working beyond the sanctioned strength, no fresh appointment be made and said employee be absorped. However, said Government Order does not bar appointment on compassionate appointment, therefore, petitioner has no locus to challenge the appointment of respondent no.5, therefore,challenge to it is rejected. However, if the petitioner is still working and there is any Government Order prevailing for her absorption, she may approach the concerned respondent. 8. With the aforesaid observation/direction, this writ petition is disposed of. Order Date :- 29.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad