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Allahabad High Court

MURARI YADAVversusSTATE 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 within three months.

Summary

The petitioner, Murari Yadav, was granted a compassionate appointment to a Class‑IV post after his father's death but sought a transfer to a teaching post on compassionate grounds. He filed a writ petition invoking government orders dated 04‑09‑2000 and 15‑02‑2013, contending that a prior judgment (Special Appeal No. 1189 of 2025, Radha Rani v. State of U.P.) required reconsideration of his claim. The respondent authorities raised no objection to 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. The order reflects the court’s willingness to enforce administrative compliance with compassionate appointment policies.

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 court may direct the concerned authority to reconsider the petitioner's claim without adjudicating the merits.

Subjects

  • compassionate appointment
  • teaching post
  • government orders
  • writ petition
  • administrative law
  • high court direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 5876 of 2026

Murari Yadav
                                                           .....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 15.12.2025,
after the death of his father, who died in harness on 01.09.2025. Pursuant
to which, he joined on Class-IV post on 16.12.2025. 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. 5876 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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