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2026 DAILYLAW 1586 (ALL)

KAIF KHAN v. STATE OF U.P. AND 4 OTHERS

WRIA/7488/2026 · 2026-05-17

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 7488 of 2026 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Mohd. Naushad Siddiqui, learned counsel for petitioner, Sri Santosh Kumar, learned Standing Counsel for State-Respondents and Ms. Akanksha Srivastava, Advocate holding brief of Sri Satyam Singh, Advocate for Respondent-3. 2. Petitioner has not appeared on the date fixed before Registrar, therefore, his claim for compassionate appointment was not considered on merit. However, according to learned counsel for petitioner, he has appeared on date fixed though there is no averment or documentary evidence to prove it. 3. Learned counsel for respondents submits that since petitioner has not appeared, therefore, his claim was not considered on ground that he was not desirous for appointment. 4. After hearing both parties, Court finds that even in case petitioner was not appeared on date fixed, concerned respondent ought to have decided his claim for compassionate appointment on merit though in impugned order a liberty is granted that claim of petitioner can still be considered with a caveat that application will be considered only if filed within a stipulated time. Versus Counsel for Petitioner(s) : Arvind Srivastava, Mohd. Naushad Siddiqui Counsel for Respondent(s) : C.S.C., Satyam Singh Kaif Khan .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. Petitioner’s father died in harness on 27.04.2021 and application was filed within a short time. The Court finds that since impugned order does not assign any reason and consideration on a fresh application would be adverse to petitioner, therefore, it is interfered only to the extent that in case petitioner appears before concerned respondent on 21st May, 2026, his claim be considered in accordance with law on basis of earlier application so filed. However, it is made clear that in case petitioner fails to appear on aforesaid date, no fresh consideration is required. 6. With aforesaid observations/ directions, the writ petition is disposed of. May 18, 2026 AK WRIA No. 7488 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad