CWP(T) No. 11616 of 2008 20.04.2011 Present: Mr. Naresh Verma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Deputy Advocate General with Mr. Vinod Thakur, Dy. A.G. for respondents/State. In terms of letter dated 31.3.2003 (Annexure-PA) Government took a decision that the present petitioner, Sh. Devi Ram cannot be considered for appointment on compassionate grounds in terms of the Kith & Kin Policy for the reason that his elder brother, Sh. Nanak Chand was already employed in Government service. Surprisingly, in terms of the very same letter Government has offered appointment to the petitioner’s mother Smt. Laholi Devi. It is not in dispute that the predecessor in interest, Sh. Saju Ram was employed with the Government and died in harness. The Government was informed of the fact that Sh. Nanak Chand had separated during the life time of Sh. Saju Ram and as such the ground of rejection does not appear to be tenable in law. If, the Government was willing to consider giving appointment to the widow of the deceased employee, considering her educational qualification and age, the same could have also been offered to the present petitioner. 2. Consequently Annexure-PA is quashed with a direction to the respondents to consider the case of petitioner for appointment on compassionate grounds in accordance with the Kith & Kin Policy prevalent at the time of submission of the -2- petitioner’s application. Needful be positively done within a period of four months from the date of receipt of certified copy of the judgment. Petition stands disposed of accordingly. Dasti copy. (Sanjay Karol), Judge. April 20, 2011 (PK)