Disposed¶6

Sakshi Singh v. the State of U.P. and 2 Others

Allahabad HC20 Mar 2025WRIA/3456/2025

Case brief

AI extract

What is this about?

Compassionate appointment; death in harness (06.12.2019); Class-III post vacancy; Class-IV post offer; fresh online application; District Basic Education Officer, Jalaun; Respondent-3 undertaking to communicate on future vacancy; zone of consideration; writ petition disposed of; bereaved family; sole bread earner; immediate financial crisis; Sakshi Singh v. The State of U.P. and 2 Others; WRIT - A No. 3456 of 2025; Neutral Citation 2025:AHC:40324; High Court of Judicature at Allahabad; decided 20.03.2025.

What did the court decide?

Petitioner given liberty to approach the concerned respondent after six months to enquire about any Class-III post vacancy; Respondent-3 (District Basic Education Officer, Jalaun) to make a communication to her if a Class-III post becomes vacant and she is in the zone of consideration. ¶6

Sakshi Singh vs the State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶6

Issue for consideration

Whether petitioner, whose father died in harness, is entitled to appointment on compassionate ground to a Class-III post although no Class-III post is presently vacant.

¶4

Court's answer

Taking note of the submission made by learned counsel for Respondent-3 (District Basic Education Officer, Jalaun), this writ petition is disposed of.

¶6

Ratio / Principle

Petitioner will have liberty to approach the concerned respondent after a period of six months from the date of this order to enquire about any vacancy of a Class-III post.

¶6

Key takeaways

The object of compassionate appointment is only to tide over the immediate financial crisis suffered by the bereaved family due to the death of the sole bread earner, and this object will always be taken note of.obiter¶6

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 3456 of 2025, High Court of Judicature at Allahabad, Hon'ble Saurabh Shyam Shamshery, J.; Order Date 20.3.2025) concerning compassionate appointment. Sakshi Singh's father died in harness on 06.12.2019; the District Basic Education Officer, Jalaun, by order dated 12.09.2024, declined to appoint her to a Class-III post as no such post was then vacant and asked her to apply afresh online for a Class-IV post. Counsel for Respondent-3 undertook that if a Class-III post falls vacant in the near future and the petitioner is in the zone of consideration, a communication will be made to her. Taking note of this submission, the Court disposed of the petition, granting the petitioner liberty to approach the concerned respondent after six months to enquire about any Class-III vacancy, and observed that compassionate appointment is meant only to tide over the immediate financial crisis of the bereaved family caused by the death of the sole bread earner.

¶1

Neutral Citation No. - 2025:AHC:40324

¶2

Court No. - 6

¶3

Case :- WRIT - A No. - 3456 of 2025

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Petitioner :- Sakshi Singh Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Vishesh Kumar Counsel for Respondent :- C.S.C.,Krishna Kumar Chand

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

Heard Sri Vishesh Kumar, learned counsel for petitioner and Sri K.K. Chand, Advocate for Respondent-3.

¶7

The impugned order dated 12.09.2024 passed by District Basic Education Officer, Jalaun is reproduced hereinafter:

¶8

"आप दद्वारद्वा आपकके पपतद्वा स्व० शश्री दश्रीपकेन्द्र सससिंह स०अ० पद्वा० पव० महद्वारद्वाजपपुरद्वा पवकद्वासखण्ड मद्वाधधौगढ़ जद्वालधौन ककी सकेवद्वाकद्वाल कके दधौरद्वान ममृत्यपु उपरद्वान्त ममृतक आसशत ककोटके कके अन्तगरत सलपपक पद पर पनयपुक्त ककी गयश्री हहै। आप दद्वारद्वा पस्तपुत अपभिलकेखखों कको अधकोहस्तद्वाक्षरश्री दद्वारद्वा अवलकोकन पकयद्वा गयद्वा हहै सजसमम आप सलपपक पद ककी न्ययनतम आहरतद्वा रखतश्री हहै लकेपकन आपकको अवगत करद्वानद्वा हहै पक वतरमद्वान समय मम जनपद पररषदश्रीय ससिंवगर कके अन्तगरत सलपपक कद्वा पद ररक्त नहहीं हहै।

¶9

अततः आपकको सलपपक पद पर पनय प ुक्त पदद्वान नहहीं ककी जद्वा सकतश्री हहै यपद आप चतपुरर शकेणश्री कके पद पर पनय प ुक्त चद्वाहतश्री हहै तको वतरमद्वान मम ममृतक आसशत पनय प ुक्त हकेतपु आनलद्वाईन पपक्रियद्वा कके दद्वारद्वा हश्री कद्वायरवद्वाहश्री सम्पद्वापदत ककी जद्वातश्री हहै। अततः आप आवकेदन पत्र आनलद्वाईन पपक्रियद्वा कके तहत उपलब्ध करद्वायके सजससके आपकके पकरण पर पनयमद्वानपुसद्वार आवश्यक अपग्रिम कद्वायरवद्वाहश्री ककी जद्वा सकके।"

¶10

Learned counsel for petitioner submits that father of petitioner died in harness on 06.12.2019 and she has approached for appointment on compassionate ground. However, her claim for appointment on a Class-III post was rejected and she has now been offered appointment on a Class-IV post by way of filing fresh online application.

¶11

Learned counsel for petitioner has not disputed that presently no Class-III post is vacant, however, he prays that in case in near future Class-III post become vacant, her claim may be considered.

¶12

Learned counsel appearing for Respondent-3 fairly submits that if in near future some Class-III post become vacant and if petitioner is in zone of consideration, a communication will be made to her also.

¶13

In aforesaid circumstances, this writ petition is disposed of taking note of submission made by learned counsel for Respondent-3, i.e., District Basic Education Officer, Jalaun. Petitioner will have liberty to approach the concerned respondent after a period of six months from today to enquire about any vacancy of Class-III post. However, object of compassionate appointment will always be taken note that it is only to tied over the immediate financial crisis suffered by bereaved family due to death of sole bread earner.

¶14

Order Date :- 20.3.2025 AK

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

Sakshi Singh v. the State of U.P. and 2 Others

Case brief

What is this about?

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Sakshi Singh v. the State of U.P. and 2 Others

Case brief

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