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Allahabad High Court

RAVISH KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court directed the Basic Shiksha Adhikari to consider the petitioner’s claim for compassionate appointment to a teaching post and to pass an order within three months.

Summary

The petitioner, Ravish Kumar, filed a writ petition seeking a compassionate appointment to a teaching post after having been appointed to a Class‑IV post following his father's death. He argued that, based on earlier government orders (04‑09‑2000 and 15‑02‑2013) and a precedent (Special Appeal No. 1189 of 2025, Radha Rani v. State of U.P.), he should be considered for a teaching post on compassionate grounds. The respondents did not oppose the prayer. The High Court, without expressing an opinion on the merits, disposed of the petition by directing the Basic Shiksha Adhikari, Ghazipur, to pass an appropriate order on the petitioner’s claim within three months of the certified copy of the order. The direction was issued in accordance with law, effectively ordering a reconsideration of the petitioner's request.

Issues considered

  • Whether the petitioner is entitled to be considered for a compassionate appointment to a teaching post under the applicable government orders.
  • Whether the respondent authority must pass an order on the petitioner's claim within a specified time frame.

Subjects

  • compassionate appointment
  • teaching post
  • Class‑IV post
  • writ petition
  • administrative law
  • Uttar Pradesh
  • education

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 5837 of 2026

Ravish Kumar
                                                           .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)          :   Siddharth Khare, Sr. Advocate
Counsel for Respondent(s)          :   Bipin Bihari Pandey, C.S.C.

Court No. - 52
             HON'BLE MRS. MANJU RANI CHAUHAN, J.

1. Heard Sri Ashok Khare, learned Senior Counsel, assisted by Sri
Siddharth Khare, learned counsel for the petitioner, Mr. Bipin Bihari
Pandey, learned counsel for the respondent nos.3&4 and learned Standing
Counsel for the State-respondents.

2. This writ petition has been filed with a prayer to direct the respondent
to forthwith accord consideration to the petitioner for compassionate
appointment against a teaching post, in accordance with the government
orders dated 04.09.2000 and 15.02.2013, within the stipulated period.

3. Learned counsel for the petitioner submits that the petitioner was
granted compassionate appointment on the Class-IV post on 05.01.2026,
after the death of his father, who died in harness on 28.04.2021. Pursuant
to which, he joined on Class-IV post. However, the petitioner had claimed
compassionate appointment on a teaching post, which has not been
considered. He further submits that in a similar case, where the
petitioner’s claim for compassionate appointment to a teaching post was
rejected, Special Appeal No. 1189 of 2025 (Radha Rani vs. State of
U.P. Through Principal Secretary, Basic Education and 3 Others) was
filed wherein the Division Bench of this Court, vide order dated
03.04.2026, directed the concerned authorities to reconsider the
petitioner’s case in light of the observations made in the said order. He
further submits that in the aforesaid case also, the petitioner therein had
joined on the Class-IV post and had sought appointment to a teaching post
on compassionate grounds. Accordingly, the petitioner herein is also
                                                                                         WRIA No. 5837 of 2026
                                                                  2


                                    entitled to be considered for appointment on a teaching post on
                                    compassionate grounds.

                                    4. Learned counsel for the respondent nos.3&4 has no objection to the
                                    aforesaid prayer.

                                    5. 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 with a direction to
                                    respondent no. 4, i.e., the Basic Shiksha Adhikari, Ghazipur, to pass an
                                    appropriate order regarding the petitioner’s claim for appointment to a
                                    teaching post on compassionate grounds, in accordance with law,
                                    preferably within a period of three months from the date of production of
                                    a certified copy of this order.



                                                                             (Mrs. Manju Rani Chauhan,J.)
                                    April 23, 2026
                                    Jitendra/-




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


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