Allahabad High Court

SMT. SONIA SHARMAversusSTATE OF U.P. AND 3 OTHERS

Decided: 29 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The court held that the writ petition cannot be entertained for mandamus and directed the petitioner to make a fresh detailed representation, after which the authority must decide the matter in accordance with law.

Summary

The petitioner, a widow with M.A., B.P.Ed., B.Ed., M.P.Ed. and CCC qualifications, sought a compassionate appointment as an Assistant Teacher after her husband, an Assistant Teacher, died in service. She was instead offered a Class‑IV (Peon) post and filed a writ petition seeking mandamus directing her appointment to a higher post and urging the authorities to decide her pending representations. The petition relied on a Division Bench decision in Radha Rani (2025) which favored consideration of qualifications for compassionate appointments, while the respondents cited Supreme Court precedent in The Director of Town Panchayat v. M. Jayabal (2025) limiting such appointments once a lower post is offered. The High Court, without expressing a view on the merits, dismissed the writ and directed the petitioner to file a fresh, detailed representation with supporting documents before the District Basic Education Officer. The court further ordered the officer to decide the matter within three weeks, issuing a reasoned order after a hearing, provided no legal impediment exists.

Issues considered

Whether a compassionate appointment can be directed by mandamus to a post higher than the one already offered to the petitioner.
Whether the petitioner’s qualifications entitle her to be appointed as an Assistant Teacher despite the prior offer of a Class‑IV post.
Whether the appropriate remedy is a fresh detailed representation before the competent authority rather than judicial intervention.

Subjects

compassionate appointment
mandamus
service law
qualification
post of Assistant Teacher
post of Peon
representation
widow
higher education

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15993 of 2026

Smt. Sonia Sharma
.....Petitioner(s)
Versus

State Of U.P. And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashwini Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Devesh Vikram

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
WRIA No. 15993 of 2026
2

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
3

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.

(Mrs. Manju Rani Chauhan,J.)
September 30, 2026
K.N.

Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…