Allahabad High Court
NITISH KUMAR SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition was disposed of, directing the petitioner to file a fresh application and the authority to decide it within two months, without expressing an opinion on the merits.
Summary
The petitioner, Nitish Kumar Singh, filed a writ petition seeking a direction to the State authorities to decide his application for a compassionate appointment after his father, an Assistant Teacher who died in harness, left the family dependent. He had submitted a representation on 17 July 2017 with supporting documents, but no decision was made. The respondents argued that the deceased was a Shiksha Mitra, a non‑permanent post, and that no provision exists for compassionate appointment to such posts, though they allowed a fresh application. The Court, without adjudicating the merits, dismissed the petition and ordered the petitioner to file a fresh, detailed application before the District Basic Education Officer within three weeks, directing the authority to decide it within two months. The order emphasized compliance with law and the need for a reasoned hearing.
Issues considered
- Whether a compassionate appointment can be made to the post of Shiksha Mitra, which is not a permanent post.
- Whether the authorities are obligated to decide the petitioner's compassionate appointment application within a stipulated period.
Subjects
- compassionate appointment
- Shiksha Mitra
- Assistant Teacher
- writ petition
- education department
- dependent family
- death in harness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15006 of 2026
Nitish Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Tiwari, Sanjay Chaturvedi
Counsel for Respondent(s) : C.S.C., Sanjay Kumar Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, Mr. Sanjay Kumar Singh,
learned counsel for respondent-BSA and learned Standing Counsel
for the State.
The writ petition has been filed with the prayer to direct the
respondent authorities to decide the claim of the petitioner with
regard to the compassionate appointment, within stipulated period.
On 18.09.2026, the following order was passed:-
"Heard learned counsel for the petitioner, Mr. Sanjay Kumar Singh, learned
counsel for the respondent-BSA, and learned Standing Counsel for the State.
Learned counsel for the petitioner submits that the petitioner's father, who was
working as an Assistant Teacher in a Primary School, died in harness on
18.03.2017, leaving behind the petitioner and other family members as legal
heirs and dependents. The petitioner's father was the sole bread earner of the
family. The petitioner, being one of the dependents, moved an application on
17.07.2017 requesting appointment on compassionate grounds. Such
application was accompanied by the requisite documents, i.e., family register,
domicile certificate, caste certificate and academic qualifications. However,
nothing has been done till date. Therefore, a direction may be issued to the
respondent-authorities to decide the claim of the petitioner on compassionate
grounds at the earliest.
On the aforesaid, Mr. Sanjay Kumar Singh, learned counsel for respondent-
WRIA No. 15006 of 2026
2
BSA, prays for and is granted ten days' time to obtain instructions in the matter.
Put up as fresh on 29.09.2026."
In compliance of the aforesaid, on the basis of instructions, learned
counsel for the respondent-BSA submits that, in view of the
decisions of the Hon'ble Full Bench and the Hon'ble Apex Court, the
appointment of the Shiksha Mitras as Assistant Teachers was
cancelled and they continued to work as Shiksha Mitras. The
deceased employee, i.e. the petitioner's father, was working as a
Shiksha Mitra at the time of his death. He further submits that there
is no provision for granting compassionate appointment on the post
of Shiksha Mitra, which is not a permanent post. However, in case
the petitioner moves a fresh application/representation along with
documents, an appropriate order shall be passed in accordance with
law.
Considering the facts and circumstance 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 petitioner may make fresh detailed application/representation,
ventilating all his grievances, supported by such documents, as may
be advised, before the respondent no.2 District Basic Education
Officer, Ballia, within three weeks from today along with a certified
copy of this order. On such representation being made, respondent
no.2 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 petitioner, as
expeditiously as possible, preferably within a period of two months
from the date of production of certified copy of this order, if there is
no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 29, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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