The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the removal of applications from the list after five years were upheld.

JUDGMENT :

(Manjive Shukla, J.) :

1. Heard Mr. Kamal Kumar Kesherwani, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 to 3 and Mr. Rama Nand Pandey, learned counsel appearing for the Respondents No. 4 & 5.

2. Petitioner through this writ petition has assailed the order dated 08.09.2023 passed by the District Basic Education Officer, Jhansi whereby her claim for compassionate appointment has been rejected.

3. Facts of the case, in brief, are that mother-in-law of the petitioner while working on the post of Assistant Teacher in a Primary School at Jhansi died in harness on 28.12.2017. Petitioner’s husband Mr. Prashant Sharma preferred an application on 12.03.2018 for his compassionate appointment on the post of Clerk in place of his mother. Application filed by Mr. Prashant Sharma for compassionate appointment on the post of Clerk remained pending with the respondents and during pendency of the application respondents required him to opt for appointment on a Class-IV post as vacant Class-III post was not available but he did not opt for appointment on Class-IV post.

4. Since the application for compassionate appointment on the post of Clerk submitted by the petitioner’s husband remained pending with the respondents, he filed Writ-A No. 19207 of 2022 (Prashant Sharma Vs. State of U.P. & Ors) which was finally disposed of by this Court vide order dated 23.11.2022 whereby direction was issued to the Secretary, U.P. Basic Education Board, Prayagraj to decide his application dated 12.03.2018. The Secretary, U.P. Basic Education Board, Prayagraj did not take any decision pursuant to order dated 23.11.2022 passed by this Court in Writ-A No. 19207 of 2022 and in the meantime petitioner’s husband Mr. Prashant Sharma died on 11.04.2023. After the death of her husband, petitioner filed an application on 23.05.2023 for her compassionate appointment in lieu of the death of her mother-in-law. Since the application filed by the petitioner was not decided, she filed Writ-A No. 10348 of 2023 which was disposed of by this Court vide order dated 14.07.2023 whereby direction was issued to the District Basic Education Officer, Jhansi to consider and decide petitioner’s application for compassionate appointment within a period of one month.

5. The District Basic Education Officer, in compliance of the order dated 14.07.2023 passed by this Court in Writ-A No. 10348 of 2023 has passed order on 08.09.2023, whereby application of the petitioner for her compassionate appointment has been rejected on the ground that petitioner’s husband on the death of his mother filed application for his compassionate appointment on the post of Clerk and in view of the provisions made in Government order dated 04.09.2000, the said application was entered in the list of candidates seeking appointment on clerical post and since during five years due to non-availability of vacancy in the clerical cadre he could not be given appointment on clerical post, his application has been de-listed. In the order dated 08.09.2023 it has further been stated that during period of five years from the date of application of the petitioner’s husband he was offered to opt for his compassionate appointment on a Class-IV post but he did not submit his option and continuously insisted for his appointment on a clerical post, therefore in view of the provisions made in the Government order dated 04.09.2000, his claim automatically came to an end after expiry of the period of five years from the date of his application and further since one application filed by petitioner’s husband stood rejected and there is no provision for second application for compassionate appointment, therefore petitioner pursuant to her application cannot be provided compassionate appointment and accordingly her application stands rejected.

6. Learned counsel appearing for the petitioner has submitted that mother of the petitioner’s husband died on 28.12.2017 and th