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Allahabad High Court

PINKIversusUNION OF INDIA AND 3 OTHERS

Decided

Holding

The petition is dismissed as the petitioner’s claim for compassionate appointment is barred by the lapse of time and lack of a fresh challenge to the rejection order.

Summary

The petitioner, Pinki, filed a writ petition seeking a mandamus directing the Union of India to consider her application for a compassionate appointment under the Central Government scheme, following the death of her father in 2000. Her mother had earlier applied for the same appointment in 2011, which was rejected, and the petitioner’s own application was rejected on 19 July 2021. The petition was filed without challenging the 2021 rejection order and after a lapse of more than two decades since the father's death. The court observed that the considerable delay and the absence of a fresh challenge to the rejection order precluded any relief. Consequently, the writ petition was dismissed without any order as to costs.

Issues considered

  • Whether the petitioner is entitled to a compassionate appointment under the Central Government scheme after a delay of over two decades.
  • Whether the court can entertain a writ petition that does not assail the specific rejection order dated 19 July 2021.

Subjects

  • compassionate appointment
  • mandamus
  • central government scheme
  • administrative delay
  • writ petition

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD

                           WRIT - A No. - 6767 of 2026

Pinki
                                                                    .....Petitioner(s)
                                       Versus
Union Of India And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                  :   Uma Nath Pandey
Counsel for Respondent(s)                  :   A.S.G.I., Hari Narayan Singh

Court No. - 33
                        HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents and perused the record on board.

2. Instant writ petition has been filed, inter alia, seeking the following
reliefs:

        "I. a writ, order or direction in the nature of Mandamus commanding the
        respondents to consider the case of applicant for compassionate
        appointment in accordance with Scheme for compassionate appointment
        under Central Government.

        II. writ, order or direction in the nature of mandamus directing to the
        respondents to pass a reasoned and speaking order on the representation
        of petitioner dated 13.12.2024 within a fixed time period."

3. It has been submitted that the father of the present petitioner died in
harness on 10.09.2000 while he was working on the post of Assistant Clerk.

4. A perusal of the record reveals that initially the mother of the present
petitioner, namely, Smt. Sukh Devi had filed an application for the
compassion appointment; however, the same was rejected by the authority
concerned in the year 2011. Subsequent thereto, the present petitioner
pursued her claim for compassionate appointment in place of her deceased
father, which was also came to be rejected by order dated 19.07.2021.
Instant writ petition has been filed at a belated stage without assailing
aforesaid rejection order dated 19.07.2021. Much water has flown under the
bridge since 10.09.2000; the date of death of the present petitioner's father.
After a lapse of more than two decades no justification exists to entertain the
                                                                                             WRIA No. 6767 of 2026
                                                                    2


                                    claim of the present petitioner for compassionate appointment.

                                    5. Accordingly, instant writ petition is dismissed without any order as to the
                                    cost.

                                    May 6, 2026
                                    vinay
                                                                                             (Dinesh Pathak,J.)




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

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