Neutral Citation No. - 2025:AHC:142423-DB Court No. - 21 Case :- SPECIAL APPEAL No. - 747 of 2025 Appellant :- Km. Nandita Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Avneesh Tripathi,Raghwendra Prasad Mishra Counsel for Respondent :- C.S.C.,Devesh Vikram Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The instant intra-Court appeal is directed against the order of learned Single Judge dated 09.07.2025 passed in Writ-A No.9105 of 2025, whereby the petitioner-appellant had challenged the order dated 19.06.2025 passed by respondent No.2, District Basic Education Officer, Meerut, rejecting the representation of petitioner-appellant for consideration of her claim for grant of compassionate appointment. The representation was rejected on the ground that the claim was made almost after eight years and three months of the death of her mother on 01.02.2017, and therefore it was barred by time. 2. The mother of petitioner-appellant was an Assistant Teacher at Junior High School, Shahjamal Kithor, Block-Machhara, District Meerut. She died in harness on 01.02.2017. The petitioner-appellant moved an application on 11.06.2020 before respondent No.2 along with death certificate of her mother, requesting for appointment on compassionate basis on a Class- III post, as a clerk. Along with it, she also filed affidavits of her father and sister that they have no objection to her appointment on compassionate basis. 3. On 31.08.2020, the District Basic Education Officer (respondent No.2) sent a communication to the father of petitioner-appellant, acknowledging receipt of request for compassionate appointment of his daughter (appellant herein) on Class-III post. It is stated that presently, no Class-III post is vacant. It is further stated that in case, appointment is to be made forthwith, it would be against a Class-IV supernumerary post. It is further stated that if he wants appointment of his daughter against Class-III post, he shall have to file an application in that regard along with evidence that the appellant has passed intermediate. He shall also have to file undertaking that he has read over paragraph-5 of the Government Order dated 04.09.2020 prescribing that this application will remain active for five years from the date of filing and during this period the appointment will be offered on 'first come-first serve basis' and after five years, the claim will automatically come to end. 4. It is noteworthy that in the order of learned Single Judge, it came to be wrongly noted that "the appointment of the petitioner can be considered on Class-IV post only and in case, she is interested in the appointment on Class-IV post, the claim could be made up to a period of five years". 5. The learned Single Judge, relying on the judgment of the Full Bench of this Court in Shiv Kumar Dubey &others vs. State of U.P. & Others; 2014 SCC Online All 16214, has set aside the order of respondent No.2 dated 19.06.2025 and remitted the claim of petitioner-appellant for consideration by respondent No.2 without being affected by any observations made in the order. In the operative part of the order, it has further been provided that the petitioner-appellant shall move a fresh representation seeking appointment on Class-IV post within two weeks. 6. Learned counsel for appellant submits that the claim of appellant for compassionate appointment was for Class-III post. There is a clear misleading by the learned Single Judge and liberty granted to the petitioner to move application for appointment on Class-IV post and not on Class-III post is not sustainable. 7. Learned counsel for respondent No.2 contends that the petitioner did not file proper application and also did not complete the formalities as required under the relevant Government Orders, despite the communication dated 31.08.2020. 8. It is relevant to note that counsel for respondent No.2 himself submitted before learned Single Judge that in case any fresh application is filed, it would be considered in light of judgment of the Full Bench in Shiv Kumar Dubey (supra). In the said judgment the Full Bench has dealt with the power of the State Government to relax limitation period of five years in case of undue hardship. When the claim was to be considered afresh, and the State Government, is having power to grant relaxation in appropriate case, we find no logic in limiting the claim to Class-III post. We would like to note at the cost of repetition that if the petitioner would have wanted appointment on Class- IV post, it was offered to her at the initial state itself, but the matter got prolonged only because she was claiming appointment against Class-III post. 9. Consequently, the said part of the order of learned Single Judge is hereby set aside and liberty is reserved in favour of appellant-petitioner to move appropriate application for appointment against Class-III post. As the time limit prescribed by the learned Single Judge has expired and as we have modified the order of learned Single judge, therefore, we grant two weeks further time to the appellant-petitioner to move appropriate application and in which event, the said application would be considered strictly in accordance with law and as per the directions contained in the order of learned Single Judge. 10. In the result, the appeal stands allowed to the extent indicated above. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad