HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15993 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent nos.1 and 2 as well as Mr. Devesh Vikram, learned counsel for respondent nos.3 and 4. 2. The instant writ petition has been filed with the following prayers: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to provide compassionate appointment to the petitioner according to her educational qualifications at least either on the post of Junior Clerk or on the post of Assistant Teacher in place of the post of Peon as has been provided to her by appointment order dated 22.05.2026 issued by District Basic Education Officer, Meerut. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents authorities to consider and decide the petitioner's representations dated 10.08.2026 and 29.08.2026 (Annexure No.8 and 9 to the writ petition) forthwith in accordance with law within reasonable time by speaking and reasoned order. ............." 3. Learned counsel for the petitioner submits that the petitioner's husband, who was working as Assistant Teacher in Primary School, died-in-harness on 18.12.2021 leaving behind his wife (petitioner), a 11 years old daughter and 7 years old son as legal heirs/representatives. He further contends that the petitioner moved an application on 04.03.2022, requesting for compassionate appointment on suitable post as per her qualification. He also submits that the petitioner hold qualification of Versus Counsel for Petitioner(s) : Ashwini Kumar Srivastava Counsel for Respondent(s) : C.S.C., Devesh Vikram Smt. Sonia Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) M.A., B.P.Ed. B.Ed, M.P.Ed. CCC and accordingly, she has a qualification to be appointed on a higher post i.e. of Assistant Teacher. The petitioner has been offered appointment on Class-IV post (Peon) by order dated 22.05.2026, however, she has not joined at the said post and has given a representation before the authorities concerned to look into the claim of appointment of the petitioner on compassionate ground on the post of Assistant Teacher which she has requested as per the earlier application wherein she has specified her qualification also. 4. Learned counsel for the petitioner has placed reliance upon the judgment passed by Division Bench of this Court in Special Appeal No.1189 of 2025 (Radha Rani vs. State of U.P. Through Principal Secretary, Basic Education and 3 Others) vide order dated 03.04.2026, wherein it has been directed that the appointment in the facts of the present case should be considered by the concerned authorities as per the qualification of the petitioner as the request for the same has also been made in the first application dated 04.03.2022 by the petitioner, therefore, a direction may be issued to respondent no.3-District Basic Education Officer, Meerut, District-Meerut to decide the representation of the petitioner for appointment on compassionate ground on the post of Assistant Teacher. 5. Learned counsel for respondent nos.3 and 4, however, submits that in view of he law laid down by the Hon'ble Supreme Court in the case of The Director of Town Panchayat vs. M. Jayabal, reported in 2025 SCC OnLine SC 2794, the petitioner has already been offered appointment on Class-IV post (Peon) and she cannot be given appointment on the post of Assistant Teacher, however, in case a fresh detailed representation along with all the relevant documents as required is placed before the competent authority, the same may be decided, in accordance with law. 6. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make a fresh detailed representation, ventilating all her grievances, supported by all such documents, as may be advised, before WRIA No. 15993 of 2026 2 the respondent no.3-District Basic Education Officer, Meerut, District- Meerut, within one week from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of three weeks from the date of production of certified copy of this order, if there is no legal impediment. September 30, 2026 K.N. WRIA No. 15993 of 2026 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad