ATUL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, a dependent of an Assistant Teacher who died in-harness, has preferred instant writ petition challenging an order dtd. 30/5/2025 passed by the third respondent1District 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 Pradesh 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 6/7/2020. The petitioner moved a representation before the third respondent on 29/9/2021 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 3 others. Said writ petition was disposed of by order dtd. 4/2/2025 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 dtd. 30/5/2025 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 Pradesh 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 dtd. 27/12/2022, 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 6/7/2020, therefore, the order impugned passed on the basis of the aforementioned Rules, is illegal as the said Rules do not have retrospective effect.