Allahabad High Court
KAPIL KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court directed the respondent to consider the petitioner's claim sympathetically and pass a reasoned order within a month, without expressing an opinion on the merits.
Summary
The petitioner, Kapil Kumar, sought a compassionate appointment after his father, a headmaster, died leaving his family destitute. He filed multiple writ petitions challenging the inaction of the District Basic Education Officer, Meerut, and was initially directed to approach the authorities. Despite a State Government order dated 16‑Oct‑2019 directing consideration of his case, no action was taken. The respondent argued that the petitioner's application was barred by delay, but the court refrained from commenting on the merits. Instead, the court ordered the District Basic Education Officer to decide the petitioner's claim sympathetically, in accordance with law, and to issue a reasoned order within one month. The petition was consequently disposed.
Issues considered
- Whether the District Basic Education Officer must consider the petitioner's application for compassionate appointment despite alleged procedural delay.
Subjects
- compassionate appointment
- government order
- delay
- writ petition
- education service
- senior citizen welfare
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 1919 of 2020
Kapil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Awadh Narain Rai
Counsel for Respondent(s) : C.S.C., Devesh Vikram, Shivam Yadav
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State-respondent and Mr. Devesh Vikram, learned counsel for the
respondent-BSA.
This writ petition has been filed with a prayer to direct the respondent
no.3 to consider the case of the petitioner for grant of compassionate
appointment in pursuance of the State Government Order dated
08.04.2019.
Placing the brief facts of the case, learned counsel for the petitioner
submits that the petitioner’s father, who was working as Headmaster in a
Prathmik Pathshala Sadhan-I, Block Sadhana, Meerut, died in harness on
15.02.1996, leaving behind his wife and eight minor children. After
attaining majority, the petitioner filed an application before the District
Basic Education Officer, Meerut. When nothing was done, the petitioner
filed Writ-A No. 52568 of 2010, which was disposed of by the Co-
ordinate Bench of this Court vide order dated 30.08.2010, directing the
Secretary, Basic Education Board, to examine the matter and take a
decision in accordance with law.
In compliance with the aforesaid order, the petitioner submitted a
representation to the Secretary, Basic Education Board, as directed, on
05.10.2010. When no action was taken, the petitioner again approached
this Court by filing Writ-A No. 3046 of 2019. The Co-ordinate Bench of
this Court, by order dated 26.02.2019, dismissed the writ petition as not
WRIA No. 1919 of 2020
2
pressed with liberty to approach the authorities concerned. In compliance
with the said order, the petitioner filed a representation before the District
Basic Education Officer, Meerut.
Some communication was made to the petitioner stating that his case
could not be considered due to the delay in filing the application, which
was beyond the time limit as prescribed. Thereafter, he approached the
State Government, which, by order dated 16.10.2019, directed the
authorities concerned to consider the petitioner’s case for compassionate
appointment. Pursuant to the aforesaid order, the petitioner submitted a
representation before the District Basic Education Officer, Meerut, but
nothing was done till date.
Despite time having been granted, no counter affidavit has been filed.
However, learned counsel for the respondent-BSA submits that the
petitioner’s case shall be considered in accordance with law within the
time specified by the Court in case no order has yet been passed on the
petitioner’s application.
Considering the facts of the case, without expressing any opinion on the
merits of the case, this writ petition is finally disposed of with a direction
to the respondent no.3, District Basic Education Officer, Meerut to decide
the claim of the petitioner sympathetically, in accordance with law, by
passing a reasoned and speaking order, preferably within a period of one
month from the date of production of certified copy of this order.
(Mrs. Manju Rani Chauhan,J.)
May 7, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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