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2025 DAILYLAW 73162 (ALL)

DEENBANDHU v. STATE OF U.P. AND 6 OTHERS

WRIA/9467/2025 · 2025-07-13

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111935 Court No. - 5 Case :- WRIT - A No. - 9467 of 2025 Petitioner :- Deenbandhu Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arvind Kumar,Sharda Vishwakarma Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sharda Vishwakarma, learned counsel for the petitioner and Sri Subrashu Shekhar, learned Additional Chief Standing Counsel. 2. It is the case of petitioner that both his Father and Mother were working on the post of Sweeper at Adarsh Nagar Palika Parishad Rasada, Ballia. 3.Petitioner's father died on 21.6.2013 and thereafter he made an application for compassionate appointment which was rejected vide order dated 8.5.2014 mainly on ground that his mother was still working. 4. Learned counsel for the petitioner submits that now petitioner's mother has died in harness on 1.12.2023 and thereafter he has submitted an application for compassionate appointment on 29.12.2023 and thereafter requisite affidavits were also filed recently on 24.6.2025. 5. Learned counsel for the petitioner has not been able to dispute that presently petitioner's age is about 34 years and his occupation is a private work which is also mentioned in the affidavit accompanied along with this writ petition. 6. Learned counsel for the respondents submits that claim of the petitioner for compassionate appointment can be considered strictly on basis of provisions, but petitioner's present age may be a legal impediment. 7. Learned counsel for the petitioner is handicapped since neither he is carrying applicable provisions nor scheme for compassionate appointment so far as bar of age if any is concerned. 8. In the aforesaid circumstances, though it appears that petitioner's age will be a legal impediment for appointment on compassionate appointment, but still considering that petitioner has already filed an application along with requisite affidavits recently, therefore, his claim be considered in accordance with law by the concerned respondent and in case of any legal impediment, same may be informed to the petitioner within a short period in light of judgment of Supreme Court in the case of Canara Bank Vs. Ajith Kumar G.K. (2025) INSC 184. 9. With aforesaid direction, this writ petition is disposed of. Order Date :- 14.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad