Neutral Citation No. - 2025:AHC:18770 Court No. - 7 Case :- WRIT - A No. - 556 of 2025 Petitioner :- Urfi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Prakash Padia,J. 1. The claim for appointment on compassionate ground was rejected by the respondent no.3 namely District Basic Education Officer, Fatehgarh, District Farrukhabad vide order dated 05.11.2024. The only reason which has been given in the aforesaid order was that father of the petitioner died on 20.12.2003 but the application for compassionate ground was not submitted within a period of five years as per circular issued by the State Government from time to time. 2. Today when the matter is taken up, counsel for the respondents no.2 & 3 placed before this Court instructions dated 16.01.2025 under signature of District Basic Education Officer, Farrukhabad along-with the aforesaid instructions a circular issued by the State Government dated 02.11.2022 was also placed before the Court, same are taken on record. In the said instructions again same fact has been stated. 3. It is stated in the aforesaid circular that in case State Government thinks it proper he can relax the period of five years. 4. Counsel for the petitioner placed reliance upon a judgement and order dated 29.08.2022 passed in Special Appeal No.43 of 2019 (Amar Parasher Vs. State of U.P. and others). On the basis of aforesaid it is argued that once it is found that the application was not submitted within a period of five years in place of rejecting the claim of the petitioner the papers and documents should be referred by him to the State Government. Learned counsel for the petitioner relied upon sub-para 7 of paragraph 28 of the Full Bench judgement of this Court in the case of Shiv Kumar Dubey and others Vs. State of U.P. and others reported in 2014 (2) ADJ 312, which reads as follows :- "(vii) The burden lies on the applicant, where there is a delay in making an application within the period of five years to establish a case on the basis of reasons and a justification supported by documentary and other evidence. It is for the State Government after considering all the facts to take an appropriate decision. The power to relax is in the nature of an exception and is conditioned by the existence of objective considerations to the satisfaction of the Government;" 5. It is further argued by counsel for the petitioner that power to relax the age is confined only with the State Government and the findings were recorded in the aforesaid judgement that where there is delay in making an application within the period of five years to establish a case on the basis of reasons and a justification supported documentary and other evidence, it is for the State Government to consider the matter for relaxation. In case it was found by respondent no.3-namely District Basic Education Officer, Fatehgarh, District Farrukhabad that the application was not within five years he should refer the matter to the State Government. 6. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself. 7. From perusal of the record it is clear that the claim of the petitioner for consideration of his appointment on compassionate ground was rejected only on the ground that period of five years has already been lapsed from the date of death of bread earner. 8. In the facts and circumstances of the case and specially in view of the law laid down by the Full Bench of this Court in the case of Shiv Kumar Dubey (supra), the Court is of the opinion that in place of rejecting the claim of the petitioner the matter should be referred by him before the Competent Authority of the State Government. 9. In this view of the matter, present writ petition is disposed of finally directing the respondent no.3-namely District Basic Education Officer, Fatehgarh, District Farrukhabad to transmit all the papers and documents pertaining to the appointment of the petitioner on compassionate ground before the concerned competent authority of the State Government within a period of three weeks from the date of presentation of certified copy of this order. The competent authority before whom papers and documents is transmitted is further directed to look into the matter and pass appropriate orders most expeditiously and preferably within a period of six weeks from the date of receipt of papers and documents by the respondent no.3. Order Date :- 10.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad