Compassionate appointment is conditional on adherence to established eligibility criteria, and employment status of family members is determinative.

JUDGMENT :

Manju Rani Chauhan,J.

1. The petitioner, a dependent of an Assistant Teacher who died in- harness, has preferred instant writ petition challenging an order dated 30^th May, 2025 passed by the third respondent[District Basic Education Officer, Ballia], whereby claim for appointment on compassionate ground has been denied on the ground that his candidature does not fulfil the requirements as enshrined under the Uttar Padesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

2. Facts of the case are that petitioner’s mother late Savitri Devi was working as an Assistant Teacher in a Junior High School, Barauli, Block Nagra, District Ballia. She died-in harness on 06^th July, 2020. The petitioner moved a representation before the third respondent on 29^th September, 2021 for his appointment on compassionate ground on the post of peon, however, it failed to elicit any response. Aggrieved thereby, the petitioner preferred a writ petition before this Court i.e. Writ-A No. 1278 of 2025, Atul Kumar v. State of U.P. and others . Said writ petition was disposed of by order dated 04^th February, 2025 with a direction that if the required papers and documents are submitted by the petitioner within one month, the third respondent shall take decision thereon. Pursuant thereto, the impugned order dated 30^th May, 2025 has been passed whereby the claim for compassionate appointment of the petitioner has been rejected, which is under challenge in the present writ petition.

3. Learned counsel for the petitioner submits that the petitioner fulfils all the requisite qualifications for compassionate appointment, due to death of his mother, as required under the Uttar Padesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974[The Rules, 1974]. He has drawn the attention of the Court to Annexure-10, which is a notification of Government of Uttar Pradesh dated 27^th December, 2022, introducing the thirteenth amendment i.e. the Uttar Pradesh Recruitment of Dependent of Government Servants Dying in Harness (Thirteenth Amendment) Rules, 2022. Emphasizing thereupon, learned counsel for the petitioner submits that petitioner’s mother passed away on 06^th July, 2020, therefore, the order impugned passed on the basis of the aforementioned Rules, is illegal as the said Rules do not have retrospective effect.

4. It has further been contended by learned counsel for the petitioner that the petitioner lives separately and has no connection with his father and sister, thus, he is entitled for being appointed on compassionate ground as his mother died in harness. He next argued that the order impugned has been passed without affording any notice or opportunity of hearing to the petitioner.

5. Learned counsel for the respondents has made vehement submission that the petitioner’s father and sister both are Government Servants and in view of the requisite conditions for appointment on compassionate ground as stipulated under Rule-5 of the Rules, 1974, which enumerates that one member of deceased employee’s family shall be given employment, in case spouse of the deceased Government Servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, the petitioner is not entitled for appointment on compassionate ground after the demise of his mother who died in harness.

6. It is