CLMA No.13257 of 2011(Delay Condonation Application) In WPSS No.1121 of 2011 Hon’ble V.K. Bist, J. Shri Ravi Joshi, learned counsel for the petitioner. Shri Anil Bisht, learned Brief Holder for the State/ respondents. Heard learned counsel for the parties. Delay condonation application is allowed and the delay in filing the rejoinder affidavit is condoned. Rejoinder affidavit is taken on record. The only ground taken in the counter affidavit is that the brother of the petitioner is already employed in the Indian Army, and in view of this fact, the claim of the petitioner for compassionate appointment cannot be considered. This is not a good ground for rejecting the application of the petitioner for compassionate appointment, unless it is proved that the petitioner and his family members are dependent upon the brother, who is employed in the Indian Army. Considering the submission of the learned counsel for the parties and after going through the papers available on record, the writ petition is disposed of with the direction to the respondents to consider the claim/ application of the petitioner afresh for the post of Assistant Teacher under the U.P. Recruitment of Dependants of Government Servant Dying-In-Harness Rules, 1974, ignoring the fact that his brother is employed in the Army. Such representation shall be decided within a period of three months from the date of production of certified copy of the order. ( V.K. Bist , J.) Arpan 20.12.2011