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october 2025

Allahabad High Court · 2025-10-17

SPECIAL APPEAL No. 364 of 2025 at Lucknow

Citation / case number
SPECIAL APPEAL No. 364 of 2025 at Lucknow
Court
Allahabad High Court
Petitioner
SPECIAL APPEAL No. 364 of 2025 at Lucknow
Respondent
Unknown
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Judgment text excerpt

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 364 of 2025 Jitendra Kumar .....Appellant(s) Versus State Of U.P. Thru. Prin. Secy. Dairy Development Deptt. Lko. And 3 Others .....Respondent(s) Counsel for Appellant(s) : Pradeep Kumar Tripathi Counsel for Respondent(s) : C.S.C., Pankaj Patel Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard. 2. Claim of the appellant for compassionate appointment has been denied on the ground of precarious financial condition of the Cooperative. The Writ Court has accepted the said reasoning and rejected the writ petition, hence this appeal. 3. There is no indefeasible right to compassionate appointment. One cannot ignore the fact that the Cooperative is unable to pay salary even to its existing employee. Therefore, to burden the Cooperative with an obligation to appoint the appellant on compassionate basis under Dying in Harness Rules, 1974 would be highly unreasonable. If the situation improves then the appellant can raise a claim if otherwise permissible in law, but as of now there is no reason in an intra-court to interfere with the judgment of the Writ Court. 4. Subject to above, the appeal is dismissed.

SPECIAL APPEAL No. 364 of 2025 at Lucknow · Niyam