Mohammad Tariq vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Mohammad Tariq vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with direction that the concerned respondent take a decision on the petitioner's compassionate-appointment application within a short period and communicate any legal impediment to the petitioner; copy of the order to be supplied to Secretary, Basic Education, U.P., Lucknow for compliance; Registrar (Compliance) to take steps.

Issue for consideration

Whether the concerned respondent would take a decision on the petitioner's pending application for appointment on compassionate ground (submitted after his father's death), given that considerable time had lapsed without any decision despite the Committee of Management resolution of 05.12.2024 and the inquiry direction issued by the District Basic Education Officer, Etah.

Court's answer

The writ petition is disposed of with the observation that the concerned respondent will take a decision on the petitioner's application for compassionate appointment within a short period and, in case of any legal impediment, the same shall be communicated to the petitioner.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 6), Neutral Citation 2025:AHC:55398 — WRIT - A No. 3019 of 2025 (Mohammad Tariq v. State of U.P. and 2 Others), decided 16.4.2025 by Hon'ble Saurabh Shyam Shamshery, J. After the death of the petitioner's father, the petitioner applied for appointment on compassionate ground; the Committee of Management resolved in his favour on 05.12.2024 and the District Basic Education Officer, Etah wrote to the Block Education Officer, Nidholi Kala, District Etah (letter dated 09.01.2024 as printed) directing inquiry and report within three days, yet no decision was taken. An interim order of 10.03.2025 had granted ten days to seek instructions. The Court disposed of the writ petition, observing that the concerned respondent would take a decision on the compassionate-appointment application within a short period and would communicate any legal impediment to the petitioner; a copy of the order was directed to be supplied to the Secretary, Basic Education, U.P., Lucknow for compliance, and the Registrar (Compliance) was directed to take steps.

Neutral Citation No. - 2025:AHC:55398

Court No. - 6

Case :- WRIT - A No. - 3019 of 2025

Petitioner :- Mohammad Tariq Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Kumar Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Suresh Kumar, learned counsel for petitioner and learned Additional C.S.C. for State.

This Court has passed following order on 10.03.2025 :-

"1. It is argued by learned counsel for the petitioner that after the death of father of the petitioner, the petitioner submitted papers and documents seeking his appointment on compassionate ground. It is argued that in this regard, the Committee of Management has already passed a resolution on 05.12.2024 in favour of the petitioner. It is argued that pursuant to aforesaid, papers and documents have been sent to the authorities and pursuant to the same, a letter dated 09.01.2024 has been written by the District Basic Education Officer, Etah to the Block Education Officer, Nidholi Kala, District Etah with the direction to inquire the matter and submit his report within three days. It is argued that considerable time has already been lapsed but till date no decision has been taken in the matter.

Learned Standing Counsel prays for and is granted ten days time to seek Instructions in the matter from the office of District Basic Education Officer, Etah/respondent No.2.

Put up as fresh on 24.03.2025."

Learned counsel for petitioner submits that requisite form has already been submitted before concerned respondent, however, till date no decision is taken on it.

Considering aforesaid submissions, this writ petition is disposed of with an observation that concerned respondent will take a decision on application of petitioner for compassionate

appointment within a short period and in case of any legal impediment, same shall be communicated to petitioner.

A copy of this order be supplied to Secretary, Basic Education, U.P., Lucknow for compliance.

Registrar (Compliance) to take steps.

Order Date :- 16.4.2025 Sinha_N.

Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad