Allahabad High Court
VAIBHAVversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The order rejecting the compassionate appointment is lawful and the writ petition is dismissed.
Summary
The petitioner, Vaibhav, filed a writ petition challenging an order dated 03.02.2026 issued by the Executive Engineer, Electricity Distribution Division, Shikohabad, which rejected his request for a compassionate appointment on the ground that he only possessed an Intermediate qualification and could at most be placed on a Class IV post through outsourcing. The petitioner argued that his father died in service and that he was pursuing an ITI electrician certificate, which would be completed in August 2028. The court examined the factual record and noted that the petitioner indeed held only Intermediate qualification, which the respondent correctly considered in its decision. The bench found no illegality, irregularity, or infirmity in the respondent's order and held that the petition lacked merit. Consequently, the writ petition was dismissed, though the petitioner was permitted to apply for an outsourcing engagement, which the court directed be considered sympathetically.
Issues considered
- Whether the rejection of the petitioner's request for compassionate appointment on the basis of his Intermediate qualification is illegal, irregular, or infirm.
- Whether the petitioner is entitled to a compassionate appointment despite not meeting the prescribed educational qualifications.
Subjects
- compassionate appointment
- educational qualification
- outsourcing
- public service recruitment
- writ petition
- electricity distribution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6655 of 2026
Vaibhav
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gopal Khare
Counsel for Respondent(s) : C.S.C., K.K. Rao
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on Board.
2. The petitioner is aggrieved by the order dated 03.02.2026 passed by the
Executive Engineer, Electricity Distribution Division, Shikohabad,
District Firozabad (respondent no.5), whereby his representation seeking
compassionate appointment has been rejected on the ground that the
present petitioner possessed only Intermediate qualification and,
therefore, he can at best be accommodated by way of outsourcing on a
Class IV post.
3. Learned counsel for the petitioner submits that father of the petitioner
died in harness on 14.01.2015 while he was working as Skilled Labourer.
After attaining the majority, the petitioner applied for compassionate
appointment; however, same has been rejected on the ground that he does
not possess the requisite qualification. Having considered his educational
qualification to be only up to Intermediate level, it has been observed that
he may be adjusted on a Class IV post through outsourcing. In paragraph
20 of the writ petition, the petitioner has taken a plea that he has applied
for I.T.I. certificate course in Electrician Trade which is likely to be
completed in the month of August, 2028.
4. Having considered the submissions advanced by learned counsel for
the petitioner and upon perusal of record, it manifests that the petitioner
possesses only Intermediate qualification. Learned counsel for the
petitioner does not dispute the factual aspect of the matter qua educational
WRIA No. 6655 of 2026
2
qualification of the petitioner. The respondent no.5 has passed the order
impugned having due regard to the educational qualification of the
present petitioner.
5. In my considered opinion, there is no illegality, irregularity or infirmity
in the order impugned passed by the respondent no.5. As such, the instant
writ petition, being devoid on merits, is dismissed. However, the
petitioner shall be at liberty to apply before the respondent no.5 for his
engagement through outsourcing, as observed by the respondent no.5 in
the impugned order dated 03.02.2026. In the event, any such application
is filed, the same shall be considered and decided sympathetically, as
early as possible.
(Dinesh Pathak,J.)
May 5, 2026
VR
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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