Neutral Citation No. - 2025:AHC:78836 Court No. - 7 Case :- WRIT - A No. - 1580 of 2023 Petitioner :- Manju Gupta And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C Hon'ble Vikram D. Chauhan,J. 1. Learned counsel for the petitioners submits that father of petitioner no. 2 and husband of petitioner no. 1 was working as Assistant Teacher in L.T. Grade in the respondent no. 6 - Institution. Learned counsel for the petitioners further submits that FIR was lodged against Satyendra Prakash, father of petitioner no. 2, in respect of forged testimonials while in service. In the aforesaid FIR, bail was granted and thereafter father of petitioner no. 2 resumed his duties. Learned counsel for the petitioners further submits that in respect of the aforesaid dispute salary was stopped. Thereafter, father of petitioner no. 2 died on 8.6.2021 while in service. Learned counsel for the petitioners further submits that claim of compassionate appointment as well as retiral dues have been rejected on the ground that mark-sheet of father of petitioner no. 2 was suspicious and verification was required. Learned counsel for the petitioners further submits that once employee has died then employer has no right to initiate any enquiry in respect of the testimonials as the contract of employment come to end. Learned counsel for the petitioners further submits that stand of the respondents that father of petitioner no. 2 has submitted suspicious testimonials was never enquired into by way of any departmental proceedings nor the services of father of petitioner no. 2 were terminated. Learned counsel for the petitioners has also relied upon the judgment of this Court passed in Writ-A No. 1941 of 2023 (Karan Addiwal Vs. State of U.P. and 5 others), decided on 28.2.2023, to submit that after death no enquiry proceedings can be initiated against a dead person. It is submitted that once on the date of death of father of petitioner no. 2 namely Satyendra Prakash who was employee under the respondents, then papers with regard to compassionate appointment and retiral dues are required to be processed in accordance with law and the impugned order is liable to be set aside. 2. Learned Standing Counsel for the respondent-State has opposed the writ petition and submits that testimonials of father of petitioner no. 2 was found to be suspicious and salary was also stopped. However, he does not dispute the fact that no departmental proceedings were initiated against father of petitioner no. 2 nor any order of termination was passed. Learned Standing Counsel for the respondent-State further could not dispute the fact that against a dead person no enquiry proceedings can be initiated. 3. It is to be seen that in the present case Satyendra Prakash, father of petitioner no. 2 and husband of petitioner no. 1 has died on 8.6.2021 as Assistant Teacher in the Institution in question. Initially FIR was lodged in respect of submission of forged testimonials, however, after the death trial was not completed. No departmental proceedings with regard to forged testimonials was ever initiated nor services were terminated. There cannot be any presumption in law that testimonials submitted by the candidates at the time of appointment are forged unless the same is proved in the enquiry proceedings. It is the case of the petitioners that under service rules no disciplinary proceedings were initiated. There is no finding that the testimonials against Satyendra Prakash, father of petitioner no. 2 were found to be forged. After the death of Satyendra Prakash, father of petitioner no. 2, such examination of the certificate of Satyendra Prakash is not permissible. 4. Accordingly, the impugned order dated 17.10.2022 passed by District Inspector of Schools, Budaun - respondent no. 5 is not sustainable in law and is hereby set aside. The respondent authorities are hereby directed to process the claim of petitioners for compassionate appointment as well as retiral dues within a period of three months from the date of production of certified copy of this order. 5. Accordingly, the writ petition is allowed. Order Date :- 14.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad