MCC No. 311 of 2010 CLMA No. 3316 of 2010 CLMA No. 4987 of 2011 In WPSS No. 282 of 2008 Hon’ble Tarun Agarwala, J. Mr. M.K. Ray, Advocate for the petitioner. Mr. Subhash Upadhyaya, Brief Holder for the State. Delay condonation applications are allowed. Delay in filing the recall application and the counter affidavit is condoned. Having heard the learned counsel for the parties, the recall application No. 311 of 2010 is allowed. Order dated 8th March, 2010 is recalled. The petitioner by the writ petition has prayed that mandamus be issued to the respondents to give appointment to the petitioner on compassionate ground under the dying in harness rules. The affidavit accompanying the recall application indicates that the application of the petitioner for appointment under the dying in harness rules was rejected by an order dated 3rd February, 2009 which was duly served upon the petitioner. This fact has been concealed by the petitioner while filing the writ petition nor the order dated 3rd February, 2009 has been questioned in this writ petition. In the absence of challenging the order dated 3rd February, 2009 by which the petitioner’s application for appointment on compassionate ground has been rejected, this Court is of the opinion that no mandamus could be issued. The writ petition is accordingly dismissed. (Tarun Agarwala, J.) Dated 13.06.2011 Shiv