Neutral Citation No. - 2025:AHC:127683 Court No. - 52 Case :- WRIT - A No. - 10816 of 2025 Petitioner :- Pratiksha Verma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- J.P. Singh,Nand Kishore Singh Counsel for Respondent :- C.S.C.,Manvendra Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. J.P. Singh, learned counsel for the petitioner, Mr. Manvendra Singh, learned counsel for respondent nos.2 & 3 and learned Standing Counsel for the State. 2. The writ petition has been filed with the following prayer:- (i) "Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 11.01.2023 passed by Zila Basic Shiksha Adhikari, Mahoba/respondent no.3. (ii) To Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider petitioner's case for compassionate appointment as dependent of Late (Smt.) Shashi Prabha Verma, within the time specified by this Court." 3. Learned counsel for the petitioner submits that the petitioner's grandmother, who was working as an Assistant Teacher in a Primary School and was later promoted as Head Mistress, died in harness on 02.10.2017, thereafter, an application for appointment on compassionate ground was moved by the married daughter of the deceased employee on 06.07.2020, which came to be rejected by order dated 10.01.2022 on the ground that a married daughter does not come within the purview of 'family' as defined under the relevant rules. Thereafter, an application was moved by the son of the deceased employee on 11.07.2022, unfortunately before any order being passed on the application, he died on 21.11.2022, thereafter, the petitioner, being daughter-in-law of the deceased employee, moved an application on 27.12.2022. The respondent no.3 has rejected the application of the petitioner by order dated 11.01.2023 on the ground that the application being time barred, having been filed after seven years of death of the deceased employee. 4. Learned counsel for the petitioner further submits that respondent no.3 has passed the impugned order in an arbitrary manner without considering the fact that the first application was moved within time, which came to be rejected on 10.01.2022, thereafter, son of the deceased employee had moved an application and due to his death on 21.11.2022, the petitioner moved her application on 27.12.2022, so if it is considered from the date of application, the present application is within time. He further submits that respondent no.3 while passing the order impugned, has ignored the facts that the petitioner is entitled for being appointed on compassionate ground as she falls within the ambit of 'family' as per the amended rules. 5. Learned counsel for the respondent-BSA could not dispute the aforesaid fact. 6. Accordingly, the writ petition is allowed. The impugned order dated 11.01.2023 passed by the third respondent is hereby quashed and set aside. The matter is remitted back to the respondent no.3 District Basic Education Officer, Mahoba, for decision afresh, ignoring the delay if any, on merits, strictly in accordance with law, by means of a reasoned and speaking order, after affording an opportunity of hearing to the petitioner, preferably within a period of one month from today, if there is no legal impediment. Order Date :- 31.7.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad