HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13300 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner and learned Standing Counsel for the State. The writ petition has been filed with the prayer to quash the order dated 25.07.2026 passed by the District Basic Education Officer, Aligarh, by which the claim of the petitioner for compassionate appointment has been rejected on the ground that his mother, namely Anita Gupta, is already in service. On 31.08.2026, the following order was passed:- "Learned counsel for the petitioner is permitted to implead "Management Committee, Shree Mahauru Purv Madhyamik Vidyalaya, Jwalapuri, District- Aligarh" as respondent no.5, during the course of the day. Heard learned counsel for the petitioner and Mr. Shailendra Singh, learned Standing Counsel for the State-respondents. This writ petition has been filed with a prayer to quash the order dated 25.07.2026 passed by Zila Basic Shiksha Adhikari, Aligarh, by which respondent No. 3 rejected the appointment of the petitioner on compassionate grounds. Learned counsel for the petitioner submits that the petitioner's father, who was working as a Clerk in Shree Mahauru Purv Madhyamik Vidyalaya, Jwalapuri, District-Aligarh, died in harness on 17.04.2021. The petitioner moved an Versus Counsel for Petitioner(s) : Pawan Kumar Bhardwaj, Pramod Bhardwaj Counsel for Respondent(s) : C.S.C. Aman Mahajan .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) application for compassionate appointment, which has been rejected by the impugned order on the ground that his mother, namely Anita Gupta, is in government service. Learned counsel for the petitioner further submits that Anita Gupta is not the mother of the petitioner, as his father was married to Parveen Gupta. It appears that Anita Gupta got a forged varisan certificate prepared, on the basis of which she is receiving the pension to which the petitioner is entitled and claiming herself to be the mother of the petitioner. Believing the said forged certificate to be true, the authorities, without verifying from the records, have passed the impugned order. Learned Standing Counsel prays for and is granted two weeks' time to file short counter affidavit. Issue notice to respondent no. 5 by both modes, i.e., by regular mode as well as dasti summons. Steps be taken within three days. Put up this case on 17th September, 2026 as fresh." In the short counter affidavit filed on behalf of respondent no.3, it has been stated that the legal heirs certificate/family register dated 15.06.2018 records the legal heirs of the deceased Parveen Gupta as Kaushal Kishore Gupta (husband), the petitioner Aman Mahajan (son) and Aahna Mahajan (daughter), as is evident from page-9 of the short counter affidavit. Another certificate dated 18.05.2022, issued after the death of Kaushal Kishore Gupta, husband of Parveen Gupta, is at page-10 of the short counter affidavit. The names of the petitioner and his sister Aahna Mahajan are mentioned in both certificates, which were issued after the death of Parveen Gupta, the petitioner's name finding place in the certificate issued even after the death of his father Kaushal Kishore Gupta. As against this, the legal heirs certificate dated 27.05.2021, which was procured by Anita Gupta, who is not the legally wedded wife of Kaushal Kishore, is forged. Heard learned counsel for the parties. This Court finds that, from the records, it is clear that the certificate, WRIA No. 13300 of 2026 2 relying upon which the claim of the petitioner has been rejected, is forged. The impugned order dated 25.07.2026 is, therefore, quashed and the writ petition is allowed. In view of the foregoing, the matter is remitted to respondent no. 3, District Basic Education Officer, Aligarh, who shall reconsider the claim of the petitioner for appointment on compassionate grounds, treating the petitioner as the legal heir and dependent of the deceased employee, strictly in accordance with law. The claim shall be considered afresh and decided by means of a reasoned and speaking order, preferably within a period of one month from the date of production of a certified copy of this order. It is, however, made clear that the aforesaid consideration shall remain subject to fulfilment of all other requisite statutory conditions and qualifications governing compassionate appointment. In case there exists no other legal impediment, the consequential appointment shall be considered in accordance with the applicable rules and the decision so taken shall be communicated to the petitioner forthwith. October 1, 2026 Rahul. WRIA No. 13300 of 2026 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad