HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13429 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1.Heard Sri Yogesh Kumar Tripathi, learned counsel for the petitioner and Sri Mritunjay Mohan Sahai, learned counsel for the respondents. 2. Father of the petitioner died in harness on 5.5.2005. Subsequently, his application for compassionate appointment was considered and a proposal was made to appoint him on a Class 4 post. However, the petitioner by a communication dated 21.5.2006 has essentially refused to take appointment on the said post and thereafter he remained silent and after many years, he has approached this Court by way of filing a Writ Petition No.13074 of 2023 which was disposed of vide order dated 24.8.2023 to consider the grievance of the petitioner. 3. In the above background, impugned order dated 28.10.2023 was passed by referring that petitioner has not accepted the proposal for compassionate appointment on Class 4 post, therefore, at a belated stage application for the purpose of appointment on the post of Driver which requires essential qualification which petitioner did not possess, therefore, it was rejected. 4. I have considered the above submissions of learned counsel for the petitioner and is of opinion that there is no irregularity in the impugned order. Otherwise also, after a long period of 19 years of death of an employee, the very object of compassionate appointment i.e. to tide over immediate financial crisis does not exist. 5. The last argument that delay can be condoned by referring the matter to Versus Counsel for Petitioner(s) : Yogesh Kumar Tripathi Counsel for Respondent(s) : C.S.C., Mritunjay Mohan Sahai Ajay Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) State Government has also no legal force since it is not mandatory for the respondents to refer the matter for compassionate appointment to State Government if the application is filed after considerable delay after death of an employee and since there is already a delay of about two decades and the petitioner has already refused to take appointment on a Class IV post, therefore, no case is made out to grant relief to the petitioner as sought in this writ petition. 6. On the basis of above referred discussion, no relief can be granted to the petitioner. 7. This writ petition is accordingly dismissed. September 10, 2025 SB WRIA No. 13429 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad