1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No.1941/2002 Sunil Kumar vs. Union of India & Ors. Date of order :: 16.11.2010. HON'BLE THE ACTING CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. S.K. Singh for petitioner. *** (PER HON'BLE MOHAMMAD RAFIQ, J.) This writ petition has been filed by the petitioner assailing the order of Central Administrative Tribunal dated 7.2.2002, by which his Original Application was dismissed. The writ-petitioner had prayed in the original application that the orders passed by the respondents dated 13.8.1999 and 19.9.2000 rejecting hir prayer for appointment on compassionate ground be set aside and the respondents be directed to consider him for such appointment. Father of the petitioner retired as a Watchman on 1.12.1976 from the department of Automatic Energy, Heavy Water Plant, Kota. He died while so working in services of the respondents on 20.8.1997. Respondents rejected application of the petitioner for compassionate appointment because his two elder brothers were already in government service and widow of the deceased government 2 servant was receiving family pension and had already been paid terminal benefits after death of her husband. Respondents were therefore of the view that their did not exist indigent circumstances and compassionate appointment cannot be granted as per the policy. Mr. S.K. Singh, learned counsel for the petitioner has argued that mere fact that other two brothers of the petitioner were employed in government service, cannot be a reason to deny appointment to the petitioner on compassionate ground. What is argued is that petitioner and his mother Smt. Dhan Kaur were living separately from other two brothers and that they were fully dependent on the deceased government servant. On consideration of the arguments made and the impugned order, we find that the learned Tribunal was conscious of all these aspects and was yet persuaded to reject the prayer of the petitioner because it found that two of his elder brothers were already in government service and that the widow of the deceased government servant had received terminal benefits and was also getting family pension and, therefore, family was not found in indigent circumstances. Death of the government servant concerned has taken place on 20.8.1997. Now at this distance of time, even otherwise, there is no justification for directing 3 consideration of the case of petitioner for compassionate appointment. The impugned order in our view does not suffer from any infirmity so as to warrant our interference. We therefore do not find any merit in this writ petition. The writ petition is therefore dismissed. (MOHAMMAD RAFIQ), J. (ARUN MISHRA),ACTING CJ. RS/-