IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO.259 (SS) OF 2001 Manoj Kuar, Aged about 23 years, S/o late Daulat Ram, R/o Village – Pandit Wari, P.O. Prem Nagar, Permanent Address- Village Sandal, Patti Aswalasya, Tehsil- Pauri, District – Pauri Garhwal. .......................Petitioner. Versus 1. Union of India, through defence secretary, parliament Hall, New Delhi. 2. Indian Military Academy, Dehradun, through its Commandant. 3. Commandant, Indian Military Academy, Dehradun. .............Respondents. Mr. Paresh Tripathi, Advocate for the petitioner. Learned Standing Counsel for the Union of India. Dated: 21.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 31.08.2000 issued from the office of Opp. Party No. 3, contained as Annexure-2 to this Writ Petition. Further prayer has been made for a writ of mandamus commanding the opp. Parties to appoint the petitioner on compassionate grounds in the establishment of opp. Party No. 2 and to pay him salary regularly. Briefly stated, according to the petitioner his father was posted as Mashalchi in the establishment of opposite parties. He died in May, 1987 in harness. Mother of the petitioner also died after some time after the death of her husband. Petitioner has submitted that after the death of his mother and father, the economic condition of the petitioner became very bad and he could not carry on his study and he studied up to Class –V. 2 On attaining the age of majority, the petitioner applied for appointment on compassionate ground on a number of occasions and a call letter was issued to the petitioner from the office of the opposite parties no. 1 and 2 on 11.01.2000 calling upon the petitioner to appear for interview on 27.01.2000. In pursuance of the said letter, the petitioner appeared and interviewed and submitted all the documents so required. On 31.08.2001, a letter was served upon the petitioner stating that his case cannot be processed after 13 years of the death of his father. After the death of the petitioner, the mother was only guardian to look after her children, but she also died soon after the death of her husband and could not make a representation for compassionate appointment within the prescribed period and at the time of the death of his father the petitioner was minor, therefore, a sympathetic view may be taken for giving compassionate appointment to the petitioner. However, liberty is given to the petitioner to file a fresh representation stating his grievance within a period of two weeks. If such a representation is filed the same shall be disposed of after considering the family condition and financial status of the petitioner within a period of two months thereafter sympathetically. Writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.) 21.03.2006 Rathour