Shivansh Singh Vs State of U.P. Thru. Its Prin. Secy. Medical and Health U.P. Lko. and Others

Petition has been filed challenging order dated 26th October 2023 whereby petitioner's application for compassionate appointment in terms of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 has been rejected.

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It is submitted that the petitioner's father, late Shivendra Pratap Singh was employed with the department as Senior Assistant in the Community Health Center, Deeh, Raebareli and passed away in harness on 3rd October 2019 whereafter petitioner's mother gave an application for compassionate appointment of petitioner dated 14th October 2020 and the same was not being considered, petitioner filed writ A No. 5322 of 2023 which was disposed of vide order dated 25th July 2023 directing authorities to consider petitioner's case. It is in pursuance thereof that the impugned order has been passed.

¶13

Learned counsel for the petitioner submits that it would be evident from the impugned order itself that the grounds for rejection of petitioner's application is that his mother's name in the educational certificates differed from other certificates. It is, however, submitted that once the opposite parties admit that there is no discrepancy with regard to name of petitioner's father, as an heir of whom petitioner is seeking compassionate appointment,

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WRIA No. 3012 of 2024

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there was no occasion for the opposite parties to have rejected the application.

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Learned State Counsel on the basis of counter affidavit has refuted submissions advanced by learned counsel for petitioner with submission that impugned order has been passed in view of serious discrepancy in the name of petitioner's mother as indicated in various certificates submitted by petitioner. It is also submitted that certain other relevant document such as income certificate was not submitted nor was the post indicated on which petitioner was seeking compassionate appointment.

¶18

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is thus evident that petitioner's application for compassionate appointment was well within time and has been rejected only on three grounds: (a) he did not append the income certificate; (b) there was a serious discrepancy in the name of petitioner's mother in various certificates; and (c) the petitioner did not indicate the post for which he has applied.

¶19

Upon perusal of impugned order, it is also evident that there is no discrepancy with regard to name of petitioner's father, which has been indicated as late Shivendra Pratap Singh in the counter affidavit as well, the aforesaid aspect has been admitted.

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In the considered opinion of this court, when the petitioner was seeking compassionate appointment in lieu of services rendered by his father and there being no discrepancy with regard to same, the mere fact that the name of his mother was differing, could not have been a ground for rejecting the petitioner's application for compassionate appointment.

¶21

So far as requirement of submission of certified income certificate is concerned, learned counsel for petitioner submtis that the same has already been appended to the rejoinder affidavit. It is also evident that once application for compassionate appointment has been submitted, it is for the authorities concerned to consider the appropriate post on which he can be granted such appointment.

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The application could not have been rejected on such technical and

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WRIA No. 3012 of 2024

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frivolous ground as has been done by the impugned order.

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In view thereof, the impugned order dated 26th October 2023 is hereby quashed by issuance of writ in the nature of Certiorari. Further a writ in the nature of Mandamus is issued commanding the opposite party No.2 i.e. Director General, Uttar Pradesh Medical and Health, Lucknow to consider petitioner's application for compassionate appointment afresh ignoring the aspects on which the impugned order dated 26th October, 2023 has been passed. Decision with regard to same shall be taken expeditiously within a period of six weeks from the date a certified copy of this order is served upon the concerned authority.

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Resultantly, the petition succeeds and is allowed. Parties are to bear their own costs.

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(Manish Mathur,J.)

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November 21, 2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shivansh Singh v. State of U.P. Thru. Its Prin. Secy. Medical and Health U.P. Lko. and Others

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Shivansh Singh v. State of U.P. Thru. Its Prin. Secy. Medical and Health U.P. Lko. and Others

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