Neutral Citation No. - 2025:AHC:124036 Court No. - 4 Case :- WRIT - A No. - 16738 of 2021 Petitioner :- Atul Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Ojha,Seemant Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard Shri Seemant Singh and Shri Bhagwat Kumar Ojha, learned advocates for the petitioner and learned Standing Counsel for the respondents. 3. By means of this petition filed under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus to command the respondents to consider the claim of the petitioner for compassionate appointment on account of his father dying in harness on 12.8.2012 in an accident as he fell from a running train. 4. It is contended that the petitioner's candidature was considered initially for the post of Sub-Inspector but he having been not successful in the physical efficiency test (PET), he was not offered appointment but instead was asked to furnish his consent either for the post of Constable or any Class-IV post vide letter dated 28.3.2018. 5. Shri Seemant Singh, learned counsel for the petitioner submits that the only grievance is that the letter dated 28.3.2018 has tried to apply the amended Rule 8(2) of the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Appointment Rules, 1974. It is contended that the petitioner since had applied prior to the rules being amended as the earning member of the family had died in the year 2012, in the light of the judgment of this Court in Writ-A No. 21425 of 2019 (Deepak Kumar and 14 others Vs. State of U.P. and 3 others), the old rule would be applicable. 6. Having heard learned Standing Counsel, on the contrary, submits that the petitioner since has already been requested to give his consent, he ought to have given consent. However, learned Standing Counsel does not dispute the legal position emerging out from the judgment of this Court in the case of Deepak Kumar (supra). 7. In view of the above, this petition stands disposed of with a direction to the petitioner to furnish his consent pursuant to the letter dated 28.3.2018 issued by the Superintendent of Police (Personnel), Uttar Pradesh Police Headquarters, if already not submitted within four weeks from today. The respondents, thereafter, shall proceed to consider the claim of the petitioner for appointment in the first instance on the post of Police Constable as per dying-in-harness rules prior to amendment brought in Rule 8(2) thereof, as was existing on the date of death of the father of the petitioner and his application seeking compassionate appointment. In the event the petitioner succeeds in the physical standard test and physical efficiency test, as is to be held, petitioner shall be offered compassionate appointment and in the event the petitioner fails in any of tests, he shall be offered appointment on a suitable 'Group D' post. 8. It is hereby provided that after the petitioner furnishes his consent as directed hereinabove, the entire exercise shall be conducted for considering the candidature of the petitioner for compassionate appointment within the next two months. Order Date :- 28.7.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad