Neutral Citation No. - 2025:AHC:68214 Court No. - 6 Case :- WRIT - A No. - 6798 of 2024 Petitioner :- Ramendra Kumar Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sudhir Kumar Singh,Vibhuti,Vishwa Pratap Singh Counsel for Respondent :- Akhilesh Kumar Sharma,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Rahul Agarwal, Advocate, holding brief of Sri Vishwa Pratap Singh, learned counsel for the petitioner, learned Standing Counsel and Sri Akhilesh Kumar Sharma, learned counsel for the Respondent Nos. 3 & 4. 2. The petitioner is not a bonafide litigant. He has submitted absolutely incorrect affidavit on 05.12.2023 in order to procure a compensation appointment that none of his family member is employed in government service, whereas admittedly petitioner's elder brother is employed in a government service, therefore, by way of impugned order his claim was rejected. 3. Learned counsel for the petitioner refers in Paragraph No. 13, which is reproduced hereinunder: "13. That the petitioner oraly object that the brother of the petitioner living as separately then how to part of our family member and I am could not gave that affidavit according to you but District Basic Education Officer, District Varanasi strictly stated for gave according to him for file affidavit and stated to conditional statement but the petitioner has not abliged to District Basic Education Officer, District Varanasi and gave gave affidavit on 05.12.2023 in the preture of District Basic Education Officer, District Varanasi. Petitioner made two affidavit, first affidavit gave by petitioner for the appointment of the post of Paricharak and the petitioner no object in future nor any aggrieved by act of the authority, the petitioner no any file case before any Hon'ble Court in future. Both affidavits produce before the District Basic Education Officer, District Varanasi in the preture of District Basic Education Officer, District Varanasi and the office of the District Basic Education Officer, District Varanasi also advised to the petitioner then the petitioner has filed affidavit." 4. On basis of above averment, learned counsel for the petitioner submits that said affidavit was submitted under compulsion. However, the Court is not convinced either with the oral arguments or with the referred averments. Learned counsel for the petitioner also refers judgment passed by this Court in Kumari Nisha Vs. State of U.P. and 3 Others 2024 AHC 23294 in paragraph no. 8 and refer the following paragraph no. 8, which is reproduced hereinunder:- "8. Learned counsel appearing for the petitioner has also submitted that the legislature while making amendment in the Rules of 1974 by promulgating Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness (Fifth) Amendment Rules, 1999, was conscious of the fact that even if one son of the deceased government servant is in employment, that cannot be a reason for denying the compassionate appointment to other son or daughter (as the case may be) as the earnings of the employed son may be utilized for his family alone and may not be available for the sustenance of the remaining family of the deceased government servant therefore, only one exception has been carved out and it has been provided that where surviving spouse of deceased government servant is in government job, compassionate appointment shall not be offered to any other family member of the deceased government servant." 5. The aforesaid judgment will also not helpful to the petitioner since petitioner has not come up with the case at the earlier stage also salary of his elder brother was not utilized for his and his mother's welfare. The arguments appear to be factually incorrect since his elder brother has filed an affidavit on 24.03.2023 that he has no objection if petitioner is granted compassionate appointment. No reference was made that his elder brother was staying away from his family member and is not taking care of them. 6. Accordingly, writ petition is dismissed. Order Date :- 30.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad