Allahabad High Court
SMT. KUSUM PANDEYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
No legal principle permits a compassionate appointment letter to be given retrospective effect to the date of the claim.
Summary
The appellant, Smt. Kusum Pandey, filed an intra‑court appeal challenging a single judge’s order dated 5 August 2026. She had previously applied for a compassionate appointment on two occasions and was finally granted such appointment by an order dated 29 March 2022. The appeal contended that the appointment letter should be deemed to vest rights retrospectively from the date of her original claim. The Court held that no legal principle allows an appointment letter to be back‑dated to the claim date. Consequently, the Court found no error in the single judge’s order and dismissed the appeal. The decision reaffirms that compassionate appointments are effective only from the date of the granting order.
Issues considered
- Whether an appointment letter granting a compassionate appointment can be made to relate back to the date of the claimant's original application.
Subjects
- compassionate appointment
- retrospective effect
- intra-court appeal
- appointment letter
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 1021 of 2026
Smt. Kusum Pandey
.....Appellant(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Appellant(s) : Dheeraj Singh (Bohra), Man Mohan
Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 39
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Having heard Shri Man Mohan Singh, learned counsel for the original
petitioner/ appellant and Shri Ankit Gaur, learned Standing Counsel for
the State, we find absolutely no merit in the present intra-court appeal
arising from the order of learned single judge dated 05.08.2026 in Smt.
Kusum Pandey Vs. State of UP and 2 Others, 2026:AHC:163529.
2. It is an admitted fact that though the petitioner had applied for grant of
compassionate appointment on two earlier occasions, she has been
granted compassionate appointment vide order dated 29.03.2022.
3. No principle in law exists that appointment letter vesting rights in
favour of the petitioner may be made to relate back to the date of claim
for appointment made.
4. Considering the above, there is no error in the order of the learned single
judge. Accordingly, the present intra-court appeal lacks merit and is
dismissed.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
September 9, 2026
Shiv
Digitally signed by :-
SHIV KUMAR SHARMA
High Court of Judicature at Allahabad
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