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2025 DAILYLAW 68783 (ALL)

MANIKANT v. STATE OF U.P. AND 2 OTHERS

WRIA/8594/2025 · 2025-07-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112882 Court No. - 52 Case :- WRIT - A No. - 8594 of 2025 Petitioner :- Manikant Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Singh,Satyam Tiwari Counsel for Respondent :- C.S.C.,Ram Prasad Dubey Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Amit Singh, learned counsel for the petitioner, Mr. Ram Prasad Dubey, learned counsel for respondent no.2 as well as learned Standing Counsel for the State and perused the record. The present petition has been filed with the prayer to direct the respondent no.2 to consider the claim of the petitioner for compassionate appointment on the post of Junior Assistant as per his qualification, pursuance to the relevant rules and a further prayer to directed the respondent no.2 to decide the representation of the petitioner dated 19.04.2025. Learned counsel for the petitioner submits that the petitioner's mother died in harness, therefore, an application was moved before the concerned authorities to consider his claim for appointment as Junior Assistant as he was qualified for the same. However, despite vacancy being there, he has been permitted to join on Class-IV post and was not considered for the basis of Junior Assistant as per the relevant rules. He has moved a representation before the authorities concerned but no orders have been passed till date. Learned counsel for the respondent no.2- the Basic Shiksha Adhikari, District- Budaun, on the basis of instructions submits that the petitioner had moved an application before the concerned authorities for being appointed on Class-IV post. He has already joined on the said post, therefore, nothing remains. The instructions passed on to the Court today, is paced on record. In view of the settled position of law, once the petitioner has already joined on Class-IV post, he cannot put his claim to be appointed on a higher post. Even otherwise, the application as moved by the petitioner was for consideration of appointment on Class-IV post which is already on record. Considering the submissions made by learned counsels for the parties, nothing remains. Accordingly, the present petition is dismissed an infructuous. Order Date :- 14.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad