# Mahesh Kumar Chauhan v. State of U.P. & Ors

- **Citation:** (2025) 7 ILRA 45
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-07-03
- **Case number:** Writ A No. 947 of 2024
- **Bench:** Ajit Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/mahesh-kumar-chauhan-v-state-of-u-p-ors-54627
- **Pages:** 5

## Headnote

C.S.C.

Issue for Consideration
Effect of pendency of criminal case on the claim
of compassionate appointment, especially in the
circumstances when there was no criminal
history of the petitioner to his credit and the
District Magistrate had also issued character
certificate in his favour.
Headnotes
(A)
Service
Law
-
Compassionate
appointment - Petitioner's father was
died, while working as Group D employee
-
Character
certificate
in
favour
of
petitioner
was
issued
by
competent
authority with a rider that it would not be
effective in the event petitioner was found
subsequently convicted in the criminal
case - The character certificate was valid
on the date of its issuance - Old enmity of
informant with petitioner was admitted in
the F.I.R. and there is no criminal history
of petitioner - Widow was not gainfully
employer anywhere - However, claim for
compassionate appointment was rejected
only on the ground that there is criminal
case pending against him and his claim for
compassionate
appointment
could
be
reconsidered only after his acquittal in the
pending
criminal
case
-
Validity
challenged :
Held : Though there is no indefensible right
vested in the candidate to seek appointment
while he is implicated in the criminal case but
mere pendency of criminal case itself cannot be
a ground to generally deny appointment to a
candidate more especially in a case of
compassionate appointment - In matters where
criminal
case
is
pending
and
character
certificate has been issued by the District
Magistrate may be subject to the final outcome
of the criminal case, it should not become a
guiding factor for the employer to deny
compassionate appointment to a candidate as
the nature of compassionate appointment is
quite distinguishable from general category
appointment and also which are offered in
service matters. [Paras 8 and 10] (E-1)

Case Law Cited
Avtar Singh v. Union of India, 2016 (8) SCC 471
- referred to.

List of Acts
Constitution of India.
List of Keywords
46 INDIAN LAW REPORTS ALLAHABAD SERIES
Compassionate
appointment;
Character
certificate; Criminal history; Guilty of moral
turpitude; Pendency of criminal case.
Case Arising From
Order dated 12.12.2023 rejecting the claim of
appointment on the compassionate ground.

## Text

7 All. Mahesh Kumar Chauhan Vs. State of U.P. & Ors.
45
herein for the reasons recorded
above, deserves to be rejected. The delay
on the part of respondents was bona fide
and a valid claim for reimbursement cannot
be objected on such a premise.

21. We accordingly allow the writ
petition and set aside the order dated
21.11.2015. The respondents are directed to
consider the medical claim put up on
09.09.2015 and process the same in
accordance with the rules. The amount
admissible to the respondents-petitioners
shall accordingly be released in their
favour, expeditiously preferably within a
period of three months from the date of
service of a certified copy of this order.

22. The present Special Appeal is
accordingly dismissed. No order as to
costs.
----------
(2025) 7 ILRA 45
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 03.07.2025
BEFORE
THE HON'BLE AJIT KUMAR, J.

Writ A No. 947 of 2024

Mahesh Kumar Chauhan ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Arun Kumar

Counsel for the Respondents:
C.S.C.

Issue for Consideration
Effect of pendency of criminal case on the claim
of compassionate appointment, especially in the
circumstances when there was no criminal
history of the petitioner to his credit and the
District Magistrate had also issued character
certificate in his favour.
Headnotes
(A)
Service
Law
-
Compassionate
appointment - Petitioner's father was
died, while working as Group D employee
-
Character
certificate
in
favour
of
petitioner
was
issued
by
competent
authority with a rider that it would not be
effective in the event petitioner was found
subsequently convicted in the criminal
case - The character certificate was valid
on the date of its issuance - Old enmity of
informant with petitioner was admitted in
the F.I.R. and there is no criminal history
of petitioner - Widow was not gainfully
employer anywhere - However, claim for
compassionate appointment was rejected
only on the ground that there is criminal
case pending against him and his claim for
compassionate
appointment
could
be
reconsidered only after his acquittal in the
pending
criminal
case
-
Validity
challenged :
Held : Though there is no indefensible right
vested in the candidate to seek appointment
while he is implicated in the criminal case but
mere pendency of criminal case itself cannot be
a ground to generally deny appointment to a
candidate more especially in a case of
compassionate appointment - In matters where
criminal
case
is
pending
and
character
certificate has been issued by the District
Magistrate may be subject to the final outcome
of the criminal case, it should not become a
guiding factor for the employer to deny
compassionate appointment to a candidate as
the nature of compassionate appointment is
quite distinguishable from general category
appointment and also which are offered in
service matters. [Paras 8 and 10] (E-1)

Case Law Cited
Avtar Singh v. Union of India, 2016 (8) SCC 471
- referred to.

List of Acts
Constitution of India.
List of Keywords
46 INDIAN LAW REPORTS ALLAHABAD SERIES
Compassionate
appointment;
Character
certificate; Criminal history; Guilty of moral
turpitude; Pendency of criminal case.
Case Arising From
Order dated 12.12.2023 rejecting the claim of
appointment on the compassionate ground.
(Delivered by Hon'ble Ajit Kumar, J.)

1. Heard Shri Arun Kumar, learned
counsel for petitioner and learned Standing
Counsel.

2. By means of this petition filed
under Article 226 of the Constitution
petitioner has assailed the order dated
19.12.2023
whereby
his
claim
for
compassionate
appointment
has
been
deferred only on the ground that there is
criminal case pending against him and his
claim for compassionate appointment could
be reconsidered only after his acquittal in
the pending criminal case and another order
dated 02.01.2024 whereby the Executive
Engineer has expressed view that his
character certificate issued by the District
Magistrate shall be liable to be considered
only after his acquittal in the criminal case
as the character certificate itself contained a
rider that there was criminal case pending
against the petitioner and upon his
conviction in the said criminal case, the
character
certificate
would
loose
its
relevance. Copy of the character certificate
on the basis of which the impugned orders
have come to be passed has been brought
on record as annexure No. 14 to the
petition.

3. It is argued on behalf of the
petitioner that in the criminal case in which
the petitioner has come to be implicated
was only on account old standing enmity
between the families and there was no role
assigned to the petitioner in the first
information report which may have given
an impression to the authorities that
petitioner would be liable to be held guilty
of moral turpitude so as to dis-entitle him
for any appointment in government service.
It is further argued that there is no criminal
history to the credit of the petitioner and in
the light of the guidelines laid down in the
case of Avtar Singh v. Union of India
2016 (8) SCC 471 petitioner's claim for
compassionate appointment could have
been
considered,
moreso
in
the
circumstances when the District Magistrate
has not recalled his character certificate
issued to petitioner till date.

4.
Learned
Additional
Chief
Standing Counsel on the contrary tried to
defend the impugned order for the reason
assigned therein however, he could not
dispute the fact that District Magistrate,
Deoria
while
issuing
the
character
certificate on 24. 07.2023 did not observe
anywhere that the character certificate as
on that date was meaningless or irrelevant
for the purpose for which it was issued.

5. Having heard learned counsel for
respective parties and having perused the
records I find the only question arising
for consideration of this Court is, whether
only on the basis of criminal case being
registered against the petitioner under
certain sections of erstwhile Indian Penal
Code, petitioner's claim for compassionate
appointment could have been rejected,
more especially in the circumstances when
there was no criminal history to his credit
and the District Magistrate had issued
character certificate in his favour.

6. In order to find answer to this
above question I am reminded of settled
principle
regarding
the
object
for
incorporation of the rule for compassionate
7 All. Mahesh Kumar Chauhan Vs. State of U.P. & Ors.
47
appointment and that is with the purpose to
provide immediate succour to the bereaved
family. If the appointment is deferred only
for flimsy grounds or only on the ground
that the employer does not find in its
discretion it to be appropriate to issue
appointment order and to defer it for a long
period to wait till the final outcome of the
criminal trial, the very purpose and object
to provide compassionate appointment
would get defeated. Petitioner's father died
on 31.01.2023 while working with the
respondent establishment as Group D
employee and was the only earning
member of his family. He was survived
by his widow, present petitioner and one
other son and a married daughter. Thus,
there was liability of two sons upon a
widow who herself was not gainfully
employed
anywhere.
It
is
in
this
background if I proceed to examine the
legal question that I have framed above, I
find the character certificate issued by the
District Magistrate should have carried
weight more especially when character
certificate was qualified only with a rider
that it would not be effective in the event
petitioner
was
found
subsequently
convicted in the criminal case so as on
24.7.2023.
Thus
on
the
date
of
consideration of the character certificate of
the petitioner the character certificate was
very much valid, it being duly issued by the
competent authority. In these circumstances
therefore, the applicant could have been
offered compassionate appointment in
order to provide immediate succour to the
family and such appointment could have
been made subject to the final outcome of
the criminal case as was also observed by
way of condition given in the character
certificate issued by the District Magistrate,
Deoria. For the purpose of appreciation the
last two paragraphs of the character
certificate are reproduced hereunder:

"मा०
सिोच्च
न्यायालय
ने
अितार भसिंह के मामले में पैरा 386 में
स्पष्र् उजल्लखखत ककया है कक "In Cases
when tact has been truthfully declared in
character
verification
from
Regarding
Pendency of a Criminal Case of trivial
nature, employer in facts and circumstances
of the case, In its discretion, may appoint
the candidate subject to decision of such
case." में मा० न्यायालय के तनणगयािीन के
शतग पर तनयोक्ता प्राधिकारी द्िारा सहमतत
की िशा में उक्त मुकिमें के तथ्यों,
पररजस्थततयों, को दृजष्र्गत ि सेिा शतों
को दृजष्र्गत रखते हुए विचार कर
सकते है।

अतः सिंयुक्त तनिेशक अभियोिन
िेिररया की विधिक अभिमत आख्या
दिनािंक 19.07.2023 कम में अभ्यथी श्री
महेश कुमार चौहान पुत्र स्ि० बैिनाथ
चौहान ग्राम -मूडाडीह थाना कोतिाली सिर
जिला िेिररया के चररत्र सत्यापन की
सिंस्तुतत इस प्रततबन्ि के साथ की िाती है
कक यदि उक्त मुकिमें में मा० न्यायालय
द्िारा अभ्यथी श्री महेश कुमार चौहान को
िजण्डत ककया िाता है तो यह चररत्र
सत्यापन की सिंस्तुतत मान्य नही होगी।।
अग्रेत्तर तनयुजक्त प्राधिकारी अपने स्तर से
तनणगय
/
आिश्यक
कायगिाही
करना
सुतनजश्चत करे।"

7. I have also perused the first
information report which has been brought
on record as annexure No. 8 and I find
there to be no specific role assigned to
48 INDIAN LAW REPORTS ALLAHABAD SERIES
the petitioner for the alleged assault upon
informant and his family. The informant
himself admitted in the first information
report that there was old enmity between
the two families. It has come to be pleaded
in the petition that there is no other
criminal case in which the petitioner has
been implicated and thus there is no
criminal history to the credit of the
petitioner.
In
such
circumstances
therefore, the principles as laid down to be
the guiding factors for the employee to
offer appointment to the candidate in the
case of Awtar Singh (supra) becomes
relevant and the same is reproduced
hereunder:

"27. Suppression of ?material?
information presupposes that what is
suppressed
that
?matters?
not
every
technical or trivial matter. The employer
has to act on due consideration of
rules/instructions if any in exercise of
powers in order to cancel candidature or for
terminating the services of employee.
Though a person who has suppressed the
material
information
cannot
claim
unfettered
right
for
appointment
or
continuity in service but he has a right not
to be dealt with arbitrarily and exercise of
power has to be in reasonable manner with
objectivity having due regard to facts of
cases."

8. Looking to the directions/
guidelines issued by the Supreme Court as
above, I find that though there is no
indefensible right vested in the candidate to
seek appointment while he is implicated in
the criminal case but mere pendency of
criminal case itself cannot be a ground to
generally deny appointment to a candidate
more especially in a case of compassionate
appointment. Thus, it becomes a so
discretion of the employer to exercise
power in offering appointment but exercise
the same objectively.

9.
In
matters
of
general
appointment it can of course be observed
that
discretion
be
exercised
more
stringently
as
many
candidates
are
available
to
the
employer
to
give
employment and the person who is facing
criminal case could be identified and
singled out but where a candidate is
seeking appointment on compassionate
ground, the employer is supposed to take a
pragmatic view of the matter. Thus,
considering the guidelines if the pragmatic
view had been taken in the mater by the
respondent, the respondent would not have
denied compassionate appointment to the
petitioner.

10. From the recitals contained in
the orders impugned, I find that the
appointment of the petitioner has been
deferred only on the ground of a pending
criminal case and for the reason that the
character certificate contains recital to the
effect that character certificate was only
subject to the final outcome of the criminal
case.In such circumstances therefore, a
candidate seeking appointment could have
been
offered
appointment
as
the
employer did not find any other reason to
deny the same except the character
certificate and the pending criminal case.
Thus, I find the question framed above
deserved to be answered in favour of the
petitioner. In matters where criminal case is
pending and character certificate has been
issued by the District Magistrate may be
subject to the final outcome of the criminal
case, it should not become a guiding factor
for the employer to deny compassionate
appointment to a candidate as the nature of
compassionate
appointment
is
quite
distinguishable
from
general
category
7 All. Prabhat Mishra Vs. State of U.P. & Ors.
49
appointment and also which are
offered in service matters.

11. In view of the above, writ
petition succeeds and is allowed. The orders
dated 19.12.2023 and 02.01.2024 are hereby
quashed. The matter is remitted to the
authority to pass order afresh offering
compassionate appointment to the petitioner
on a suitable post. However, it is left upon for
the authority to make appointment subject to
final outcome of the criminal case. The
appropriate orders shall be passed by the
competent authority within a period of two
months of presentation of certified copy of
this order.
----------
(2025) 7 ILRA 49
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 14.07.2025

BEFORE

THE HON'BLE ABDUL MOIN, J.

Writ A No. 4991 of 2023

Prabhat Mishra ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
I.M. Pandey Ist, Harsh Vardhan Kediya,
Saubhagya Mishra, Snigdha Singh

Counsel for the Respondents:
C.S.C., Ashwani Kumar Agnihotri

Issue for Consideration
Legality of refusing to appoint the petitioner,
who was the next meritorious candidates under
the physically handicapped category, even after
non-joining by the last selected candidate
causing non-fulfillment of 4% quota.

Headnotes
(A) Service law - Selection - Post of
Assistant
Professor
-
Claim
under
physically
handicapped
category
-
Petitioner stood just below last selected
physically handicapped candidate in merit
list - Last selected candidate did not join
- Petitioner was refused to be given
appointment on the ground that there
were
only
five
reserved
posts
for
physically handicapped candidates and
name of petitioner did not find place
amongst those five candidates - Validity
challenged - Mandate of appointing not
less than 4% of total vacancy in every
Government establishment by person with
benchmark disability was not fulfilled -
Permissibility :
Held : Physically handicapped category is to be
considered as a separate category and provided
with reservations and it is indispensable on the
part of the authorities to declare separate cut
off marks for physically handicapped category
for each stage - The respondents have patently
erred in law in not appointing the petitioner
against fifth reserved post for physically
handicapped candidates of Assistant Professor
(English). [Paras 34 and 39] (E-1)
Case Law Cited
In re: Recruitment of Visually Impaired in
Judicial Services, 2025 INSC 300; Reserve Bank
of India and others v. A. K. Nair and others,
2023 SCC Online SC 801; Rekha Sharma v. High
Court of Judicature for Rajasthan and another,
2025 INSC 551; Saurav Yadav and others v.
State of U.P. and others, (2021) 4 SCC 542; Dr
Manoj Kumar Rawat v. State of U.P. and 5
others, 2025:AHC:71491 DB - referred to.
List of Acts
U.P. Higher Education Services Commission Act,
1980 - Ss. 13(1), 13(4), 12(3); U.P. Education
Service Selection Commission Act, 2023 - S.
31(2); Right of Persons with Disabilities Act,
2016 - S. 34.
List of Keywords
Reservation; Physically handicapped candidate;
Assistant Professor; Physically handicapped