Neutral Citation No. - 2025:AHC:86100 Court No. - 4 Case :- WRIT - A No. - 7130 of 2025 Petitioner :- Brijesh Kumar Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Komal Prasad,Santosh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Santosh Kumar Shukla, learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner wants consideration of his claim for compassionate appointment on account of his father dying in harness on 07.06.2022 while working with the respondent establishment as Ward boy. 3. It is submitted that petitioner has already moved an application for compassionate appointment on 16.06.2023 and the Medical Superintendent had already made a recommendation on 30.06.2023 but no decision has been taken by the competent authority in the matter, namely respondent No. 2. Learned counsel for petitioner has relied upon the decision of Supreme Court in the case of Malaya Nanda Sethy v. State of Odisa 2022 (5) JT 464 in which Court had observed that such application should be disposed of within maximum period of six months. Paragraph 9 of the said order is reproduced below: "9. Before parting with the present order, we are constrained to observe that considering the object and purpose of appointment on compassionate grounds, i.e., a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the employee while in service and the basis or policy is immediacy in rendering of financial assistance to the family of the deceased consequent upon his untimely death, the authorities must consider and decide such applications for appointment on compassionate grounds as per the policy prevalent, at the earliest, but not beyond a period of six months from the date of submission of such completed applications. We are constrained to direct as above as we have found that in several cases, applications for appointment on compassionate grounds are not attended in time and are kept pending for years together. As a result, the applicants in several cases have to approach the concerned High Courts seeking a writ of Mandamus for the consideration of their applications. Even after such a direction is issued, frivolous or vexatious reasons are given for rejecting the applications. Once again, the applicants have to challenge the order of rejection before the High Court which leads to pendency of litigation and passage of time, leaving the family of the employee who died in harness in the lurch and in financial difficulty. Further, for reasons best known to the authorities and on irrelevant considerations, applications made for compassionate appointment are rejected. After several years or are not considered at all as in the instant case. If the object and purpose of appointment on compassionate grounds as envisaged under the relevant policies or the rules have to be achieved then it is just and necessary that such applications are considered well in time and not in a tardy way. We have come across cases where for nearly two decades the controversy regarding the application made for compassionate appointment is not resolved. This consequently leads to the frustration of the very policy of granting compassionate appointment on the death of the employee while in service. We have, therefore, directed that such applications must be considered at an earliest point of time. The consideration must be fair, reasonable and based on relevant consideration. The application cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case. Then and then only the object and purpose of appointment on compassionate grounds can be achieved." 3. Learned Standing Counsel has no objection in the event claim of the petitioner is directed to be decided in accordance with law. 4. In the given facts and circumstances this petition stands disposed of with direction to the respondent No. 2 to decide the claim of the petitioner within a period of six weeks from the presentation of certified copy of this order and in the event the claim of the petitioner is found to be rightful and genuine, then compassionate appointment should be offered to him within a further period of six weeks. Order Date :- 21.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad