Allahabad High Court
SANDEEP KUMARversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court held that it may issue a mandamus directing the District Basic Education Officer to decide the compassionate appointment application within a reasonable period without deciding the merits of the claim.
Summary
The petitioner, Sandeep Kumar, filed a writ petition seeking a mandamus directing the District Basic Education Officer (BSA) of Hapur to consider his compassionate appointment application filed on 24‑04‑2025 after his wife, an assistant teacher, died in harness, and also to release full salary arrears with interest. He argued that he was unemployed, financially dependent on his deceased wife, and had an outstanding loan, making him eligible for a compassionate appointment. The respondents, including the State of Uttar Pradesh and the BSA, raised no objection to the prayer. The Court, after hearing counsel, declined to opine on the merits but exercised its writ jurisdiction to order the BSA to decide the petitioner's claim after verifying documents and to pass a reasoned order within one month. No direction was made regarding the arrears of salary. The petition was therefore disposed with the specified direction.
Issues considered
- Whether a writ of mandamus can be issued directing the respondent authority to consider and decide the petitioner's compassionate appointment application within a stipulated time.
- Whether the court can direct the release of full arrears of salary with interest to the petitioner.
Subjects
- compassionate appointment
- writ of mandamus
- district basic education officer
- arrears of salary
- Uttar Pradesh
- civil service
- death of spouse
- financial hardship
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7272 of 2026
Sandeep Kumar
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ehtesham Khan
Counsel for Respondent(s) : C.S.C., Harsh Vardhan Gupta
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard Mr. Ehtesham Khan, learned counsel for the petitioner, learned
Standing Counsel for the State-respondent, Mr. Saurabh Mishra,
Advocate holding brief of Mr. Harsh Vardhan Gupta, learned counsel for
the respondent nos.2 & 3 and perused the record.
The present writ petition has been filed inter-alia for the following
reliefs:-
"I. Writ of Mandamus directing the respondent authorities, particularly to consider and decide the
petitioner's representation letters that is Annexure No.2 for compassionate appointment dated
24.04.2025, within a stipulated time frame as may be fixed by this Hon'ble Court.
II. Writ of Mandamus directing the respondents to release full arrears of salary from the date of
application, which was ignored, together with interest at a reasonable rate.
III. Any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case, in the interest of justice, equity and fair play."
Learned counsel for the petitioner submits that the petitioner’s wife, who
was working as an Assistant Teacher, died in harness on 08.04.2025. The
petitioner, being unemployed and financially dependent on his wife,
submitted an application dated 24.04.2025, requesting appointment on
compassionate grounds, which is still pending consideration before
Respondent No.2. He further submits that considering the financial
condition of the petitioner and the fact that there is an outstanding loan
against the deceased wife, the petitioner is entitled to be considered for
WRIA No. 7272 of 2026
2
appointment on compassionate grounds. Therefore, a direction may be
issued to Respondent No.2 to decide the petitioner’s claim within a
stipulated period.
Learned Standing Counsel as well as counsel for the respondent nos.2&3
have no objection to the aforesaid prayer.
Considering the facts and circumstance 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 the respondent
no.2, i.e. District Basic Education Officer (BSA), Hapur, U.P. to decide
the petitioner's claim, in accordance with law, after verifying all the
relevant documents, by passing a reasoned and speaking order, as
expeditiously as possible, preferably within a period of one month from
the date of production of a certified copy of this order, if there is no other
legal impediment.
(Mrs. Manju Rani Chauhan,J.)
May 14, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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