PRAKHAR SRIVASTAVA v. HIGH COURT OF JUDICATURE AT ALLAHABAD AND 2 OTHERS
WRIA/13372/2025 · 2025-09-21
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93084 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93084 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13372 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Prabhakar Awasthi, learned counsel for petitioner and Sri Chandan Sharma, learned counsel for respondents. 2. Learned counsel for petitioner, at the outset, submits that petitioner is on default since he cannot claim compassionate appointment on Class-III post as a right, even he is qualified for said post and due to incorrect advice, petitioner could not join on offered Class-IV post on compassionate basis within stipulated time. 3. An offer of appointment was dated 21.03.2022 and admittedly the petitioner has not joined within stipulated time, therefore, learned counsel for petitioner prays that petitioner’s case be considered not adversely but sympathetically and he may be granted permission to join on offered Class-IV post at District Judgeship, Lucknow. 4. Learned counsel for respondents refers Rule 18 of U.P. State District Court Service Rules, 2013 that a candidate appointed shall join post offered as soon as possible after the date of order but not later on thirty days from said order. 5. I have perused the aforesaid Rule and takes note of subsection (2) of Rule 18 of said Rules also which is quoted below :-
“(2) Notwithstanding anything contained in sub-rule (1), the appointing authority may, on the application of the candidate and if satisfied that there are good and sufficient reasons for doing so, by order in writing, grant such further time but not exceeding fifteen days as it may deem necessary.”
6. In view of above, Court is of the view that since petitioner was under Versus Counsel for Petitioner(s) : Prabhakar Awasthi, Sarthak Ahuja Counsel for Respondent(s) : Chandan Sharma, Ashish Mishra Prakhar Srivastava .....Petitioner(s) High Court Of Judicature At Allahabad And 2 Others .....Respondent(s)
wrong legal advice was pursuing his case for compassionate appointment on Class-III post and his application was not considered and vide order dated 18.09.2024, since meanwhile, time limit provided to join offered Class-IV post was expired, therefore, offer for appointment on Class-IV was also denied. 7.
7. The petitioner has approached this Court by way of filing present writ petition on 02.09.2025 i.e. after one year from passing an order dated 18.09.2024 probably on a ground that he received said order at belated stage though details are not on record, still considering that petitioner’s father was an employee of District Judgeship, Lucknow and died in harness on 31.08.2018 and petitioner was offered appointment on compassionate basis on 21.03.2022 and also considering that petitioner is having qualification of B. Tech. in Computer Science which may be beneficial for concerned Judgeship also, therefore, in overall circumstances, taking a liberal interpretation of Rule 18 of Rules, 2013 as well as exercising extraordinary powers under Article 226 of the Constitution, petitioner is directed that in case he approaches Office of District Judge, Lucknow within a week, the District Judge will allow him to join in pursuance of initial letter of appointment on Class-IV post. Order impugned is accordingly set aside. 8. Writ petition stands disposed of with above observations and directions. September 22, 2025 N. Sinha WRIA No. 13372 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad