1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.56 OF 2008 (Shri Kishor s/o Tulsiram Kamthe vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : APRIL 22, 2008 Heard Shri Kukday, learned Counsel for the petitioner, and Shri Deshpande, learned Counsel for the respondents. In the present petition, the grievance of the petitioner is that his claim for appointment in Class IV cadre on compassionate ground came to be disallowed by the respondents wrongly. Shri Kukday, learned Counsel for the petitioner, states that father of petitioner was in the employment of the respondents and, therefore, in view of Government Circular dated 14.4.1981, petitioner is entitled to seek employment on compassionate ground. 2 Shri Deshpande, learned Counsel for the respondents, states that respondent State issued Government Resolution dated 7.6.2004, which is based on the decision of the Supreme Court whereby new procedure has been carved out for filling up the vacancies in Class IV cadre. The procedure evolved is that candidates will be called for interview after giving due publication. The candidates will have to appear for written test and oral interview. 75% marks are allotted to the written test and 25% marks are allotted to oral interview. It is contended that this procedure is applicable in case of legal representatives of employees, who did not expire while in employment. It is submitted that procedure, which is prescribed in Government Circular dated 14.4.1981 is not applicable in view of subsequent Government Resolution dated 7.6.2004. We have considered the rival contentions canvassed by the learned Counsel for the parties. It is not in dispute that father of the petitioner retired from service and, therefore, in view of policy evolved by Government Resolution dated 7.6.2004, petitioner cannot seek 3 employment on the basis of Government Circular dated 14.4.1981 since Government Resolution dated 7.6.2004 appears to have been issued on the basis of decision of the Apex Court, which prescribes the procedure to be followed while filling up vacancies in Class IV cadre. The petition suffers from lack of merit and hence, same is dismissed. JUDGE JUDGE khj