Allahabad High Court
SHREYAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court directed the respondent to consider the petitioner’s compassionate appointment grievance within two months, thereby granting the relief sought.
Summary
Shreya, an unmarried daughter of a deceased Assistant Teacher, filed a writ petition seeking a compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. After her mother’s death, her father remarried and expelled Shreya and her younger sister from the family home. The petitioner applied to the District Basic Education Officer, Fatehpur, for appointment but received no response. The respondents did not contest the facts. The High Court directed the respondent to consider the petitioner's request expeditiously, within two months of the order, after giving a hearing to all parties. The writ petition was disposed without any order as to costs.
Issues considered
- Whether the District Basic Education Officer is obligated to appoint the petitioner on compassionate grounds under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.
Legislation cited
- U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974
Subjects
- compassionate appointment
- dependant of deceased government servant
- U.P. recruitment rules
- writ petition
- education officer
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6825 of 2026
Shreya
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brajesh Kumar Singh
Counsel for Respondent(s) : C.S.C., Shivendra Singh Bhadauria
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the
State, and Mr. Shivendra Singh Bhadauria, learned counsel appearing for
respondent nos. 2 and 3, and perused the record.
The petitioner has preferred the instant writ petition for a direction upon
Respondent No. 2 to appoint her on compassionate ground under the U.P.
Recruitment of Dependants of Government Servants Dying in Harness
Rules, 1974.
The petitioner's mother was working as an Assistant Teacher in a Primary
School. She died in harness on 16.06.2022, leaving behind her husband i.e.,
the petitioner's father, the petitioner, as well as one younger sister of the
petitioner aged about eleven years. After demise of her mother, petitioner's
father performed a second marriage and ousted the petitioner as well as her
younger sister from his house. Thereafter, being an unmarried and dependent
daughter of her mother, she moved an application for compassionate
appointment before respondent no. 2, but nothing has been done till date,
therefore, the petitioner prays that a direction may be issued to decide the
same within a stipulated period.
Learned counsel for the respondents do not dispute the aforesaid facts.
Having heard the submissions of learned counsel for the parties, this Court
finds that the ends of justice would be subserved by issuing a direction upon
respondent no. 2 – District Basic Education Officer, Fatehpur to consider the
petitioner's grievance expeditiously, preferably within a period of two
months from the date of production of a certified copy of this order, in
WRIA No. 6825 of 2026
2
accordance with law, after affording an opportunity of hearing to all
concerned.
The writ petition stands disposed of accordingly.
No order as to costs.
May 6, 2026
DS
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
DIGAMBER SINGH
High Court of Judicature at Allahabad
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