1 D.B. CIVIL SPECIAL APPEAL (W)NO.980/2008 Smt. Manju Kumari Vs. State of Rajasthan & Anr. DATE OF ORDER :: 19-05-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. Ashok Bansal, for the appellant. Heard learned counsel for the appellant. This appeal is directed against the order dated 29.3.2006 passed by the learned Single Judge of this Court in Writ Petition No.1542/2006 whereby and whereunder the writ application filed by the appellant against the order cancelling her appointment on compassionate ground, was dismissed. The facts shortly stated are as follows. The writ petitioner-appellant on account of death of her father, Ishwar Ram in harness applied for appointment on compassionate ground saying that she was the only surviving daughter of deceased Ishwar Ram. Her case was considered by the authorities and she was appointed on compassionate ground. However, after her appointment, a public petition was received in the office of the Department saying that her elder brother Ashok Kumar was already gainfully employed under the State Government, and therefore her appointment may be cancelled. On basis of the public petition, an enquiry was held and in course of enquiry, it was found that her elder brother was already in Government service much before the death of her father Ishwar Ram and the writ petitioner by playing fraud suppressed the material facts in her application saying as to whether any of the 2 dependents of the deceased was in Government service. Learned counsel submitted that Ashok Kumar since was adopted by his uncle, there was no need to make a mention in the application about him and the writ petitioner-appellant thus, had not played any fraud and she had rightly applied for her appointment on compassionate ground. From the reasons recorded by the learned Single Judge of this Court and also from the material on record, it would appear that Ashok Kumar all through described himself as son of Ishwar Ram in his service record and also he has mentioned his father's name as Ishwar Ram. The plea taken by the writ petitioner-appellant about adoption therefore stands falsified in view of the facts as mentioned above. Secondly, we find that a due notice was given to the writ petitioner and after applying the principles of natural justice, the order of cancellation was passed. In the given facts and circumstances of the case, the authority has rightly cancelled her appointment finding her elder brother Ashok Kumar gainfully employed under the State Government. In view of the facts as stated above therefore, we do not find any merit in this appeal. It is accordingly dismissed. [MOHAMMAD RAFIQ],J. [NARAYAN ROY],CJ. Praveen