1 S.B. Civil Writ Pet. No. 4665/06 heera Das Vs. Mohan Lal Sukhadia Univrsity Udaipur & Ors. Date of order : 26.2.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. Sundeep Shah for the petitioner. Mr. Tribhuvan Gupta for the respondents. By this writ petition a challenge has been made to annexure/9 and 11 whereby the petitioner's prayer for grant of compassionate appointment has been declined The brief facts relevant in the matter are that the petitioner's mother died some where in the year 1999 followed by the death of erstwhile employee who was father of the petitioner on 25.10.2001. On the death of father petitioner's elder brother moved an application for grant of compassionate by submitting application in time but during the period of consideration of said application petitioner's immediate elder brother died as the petitioner was having three brother and two sisters. Even subsequently the eldest brother died who otherwise moved an application for grant of compationate appointment. At the time of death of eldest brother, the petitioner was minor and attained the age of majority only on 4.8.2005 and 2 thereupon present petitioner moved an application for grant of compassionate appointment on 16.8.2005 itself. The said application was not accepted in reference to the Rules of 1996 and precise ground for denial of the said benefit now comes out is that the application for compassionate appointment was not moved within the time prescribed under Rules of 1996 and otherwise the impugned order does not provide any other reason. Considering the submissions of the learned counsel for the petitioner it would be relevant to mention that the rules of 1996 were certified to the effect that if on the death of Government servant, the dependent is minor then such a dependent can claim compassionate appointment on attaining the age of majority. Further in view of the series of judgment given by this court the minor is entitled for grant of compassionate appointment on attaining the age of majority. In the case of Santosh Bai Vs. State of Rajasthan,2008 (1) RLW 613 it has been held that looking to the circumstance a minor can move an application on attaining the age of majority. The case in hand is thus, covered by the judgment aforesaid. In view of the above, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for 3 grant of compassionate appointment looking to the fact that he is living in harness in as much as the petitioner's mother died in the year 1999 followed by death of his father in the year 2001 and further death of his two elder brothers in series thus, the petitioner is the only left out male member in the family. Thus these are the additional compassionate ground for consideration of the respondents and looking to these circumstances I expect that the respondents will not only take a decision at earlier but will also keep a sympathetic consideration so that the purpose of grant of compassionate appointment is not defeated. Necessary exercise in that regard may be undertaken withing the period of two months. (MUNISHWAR NATH BHANDARI), J. ns.