Compassionate appointment is an exception to the general rule and is provided to enable the family to tide over the sudden crisis caused by the death of the bread earner. The appointment can only be made on fulfilling the norms laid down by the State's policy and/or satisfaction of the eligibility criteria as per the policy. If the appointment on compassionate grounds is considered after a long period of time, it would be against the very object and purpose for which appointment on compassionate grounds is provided.

JUDGMENT :

(Ashutosh Srivastava, J.) :

1. Heard Sri Seemant Singh, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent No.1 and Sri Prem Prakash Yadav, learned counsel for the Respondent Nos.2, 3 & 4.

2. By means of the present writ petition, the petitioner has prayed for issuance of a writ of certiorari quashing the impugned order dated 08.07.2021 passed by the Respondent No.2, Secretary, U.P. Basic Education Board, whereby the claim of the petitioner for compassionate appointment on a suitable post and according to his qualification has been rejected. A further prayer for mandamus commanding the respondents to grant compassionate appointment to the petitioner on the basis of the application dated 26.11.2011 and 10/14.11.2016 on a suitable post according to his qualification has also been made.

3. Learned counsel for the petitioner submits that the mother of the petitioner was appointed as Assistant Teacher in Upper Primary School, Mustafabad, Block Jaleelpur, District Bijnor on 18.09.1997 and died-in-harness on 16.11.2011. After the death of his mother, the petitioner possessing a B.Sc. Degree, filed an application dated 26.11.2011 seeking compassionate appointment on the post of Assistant Teacher before the Respondent No.4, Block Education Officer, Jaleelpur, District Jaunpur. The application of the petitioner was forwarded to the Respondent No.3, District Basic Education Officer. The petitioner again filed another application dated 10.11.2016 before the Respondent No.3, Block Education Officer. Vide letter dated 13.12.2016 the Respondent No.2, District Basic Education Officer, informed the petitioner that his second application dated 13.12.2016 is being returned, treating the same to be time barred. By the said letter, the petitioner was required to complete all the formalities and submit an application seeking compassionate appointment on a post according to his qualification through proper channel. In pursuance of the letter dated 13.12.2016, the petitioner submitted his application dated 28.07.2017, which was duly received by the Respondent No.4. When no heed was paid on the application of the petitioner seeking compassionate appointment, the petitioner preferred Writ (A) No.6802 of 2020, which was disposed of vide order dated 03.09.2020 with a direction to the Respondent No.2, to consider the petitioner's grievance and pass appropriate speaking order within a period of two months. When the order dated 03.09.2020 was not complied with the petitioner filed Contempt Application (Civil) No.4588 of 2021, which was also disposed of vide order dated 26.10.2021 directing the opposite party to consider the case of the petitioner and comply with the order passed in Writ (A) No.6802 of 2020 within six weeks. In pursuance of the order passed by Writ Court and Contempt Court, the Respondent No.2, vide his order dated 08.07.2021 considered the representation dated 10.09.2020 filed by the petitioner and rejected his claim for compassionate appointment. Being aggrieved withe the aforesaid order, the petitioner has approached this Court by way of the present writ petition.

4. On instructions, Sri Prem Prakash Yadav, learned counsel appearing for the Respondent Nos.2, 3 & 4 submits at the time of filing of first application seeking compassionate appointment the petitioner did not possess the requisite educational qualification to be appointed as Assistant Teacher, therefore, his application was rejected by the District Basic Education Officer. After five years, the petitioner again filed application dated 25.11.2016. Vide letter dated 13.12.2016 the petitioner was directed to file proper application for compassionate appointment on a prescribed format. After the letter dated 13.12.2016 issued by the respondent authority, the petitioner failed to file proper application on a prescribed format for about four years. The petitioner again on 12.06.2020 filed application seeking compassionate appointment, which is