Neutral Citation No. - 2025:AHC:136211 Court No. - 5 Case :- WRIT - A No. - 11541 of 2025 Petitioner :- Rohit Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- C.S.C.,Vineet Sankalp Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ajay Mishra, learned counsel for the petitioner and Ms. Padamja holding brief of Sri Vineet Sankalp, learned counsel for the respondents. 2. Father of petitioner died in harness on 28.7.2019 and thereafter he filed an application for compassionate appointment along with an affidavit. It was also disclosed that petitioner's step mother was also an employee with the respondents. 3. Petitioner's claim was rejected on a legal impediment as described in Rule 5(1) of Dying in Harness Rules, 1974 (as amended) on 27.12.2022 that in case either of spouse of deceased already employed in a State Government or Central Government, compassionate appointment cannot be granted. 4. Initially, claim of the petitioner was rejected vide order dated 28.8.2024.Subsequently, petitioner again filed an application for granting compassionate appointment on ground that her step mother has abandoned him and his siblings and she is not taking care, therefore, ignoring the aforesaid bar, his claim for compassionate appointment be considered. However, vide order dated 24.7.2025, his claim was rejected and contention was disbelieved. 5. Learned counsel for the petitioner submits that petitioner on oath has stated that her step mother is not taking care of him and his siblings. However, on a querry of this Court as to whether her step mother has been made respondent in this writ petition as well as whether he has tried to file any affidavit of his step mother or she has approached Civil Court for declaration, answer remained in negative. 6. Learned counsel for the respondent has supported the impugned order, however, she has also answered in negative on a querry of this Court that why not step mother of petitioner be called when the matter was under consideration since she is working with the same respondent. 7. I have considered the above submissions and find that relief sought cannot be granted, since there is no document or material that petitioner's step mother is not taking care of him as well as of his siblings living at same house. Only on basis of vague averment, claim of the petitioner cannot be considered, therefore, relief sought is rejected. However, in case the petitioner is able to get evidence that her step mother is not taking care or an order from Civil Court, he is at liberty to approach the concerned respondents. However, it is necessary to observe that since the father of petitioner died in harness in the year 2019, i.e. six years ago, the issue of delay will also be taken note of by the concerned respondent. 8. With the aforesaid observation, this writ petition is disposed of. Order Date :- 12.8.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad