1 47 S.B. CIVIL WRIT PETITION No.1303/2006 [VIJAY KUMAR VS. DIRECTOR, AGRICULTURAL MARKETING & ORS.] Dated : 28.02.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.H.K.Jain for the petitioner. Mr.Ravi Bhansali for the respondent. ***** The petitioner is aggrieved by the order dated 03.08.2005 and 11.08.2005 thereby his case for grant of compensatory appointment was rejected. Learned counsel for the petitioner submits that his father died while in service on 20.04.1999. At the time of death, petitioner was at the age of three years only thus an application was moved for compensate appointment by submiting the same on 26.05.1999 indicating therein that petitioner is a minor at the age of 13 years. Subsequently when the petitioner attained the age of majority, he again moved an application on 14.09.2004 for consideration of the matter for grant of compensate appointment but then the said application was rejected on the ground that as per the Rules of 1996, the necessary application was not submitted in time. According to learned counsel for the petitioner the reason for rejection of the application is not proper in view of the Circular issued by the Government on 29.04.1999. A copy of which was shown and placed on record today. The perusal of the Circular dated 29.04.1999 shows that in sub Rule (3) of 2 the Rules, it was provided that in case wife of the deceased employee does not accept compensate appointment and the dependent is minor then information to this effect should be given within a period of three months for seeking compensate appointment followed by another application on attaining the age of majority by the dependent who seeks compensate appointment. As per the aforesaid Circular, the matter of the petitioner was required to be considered but application of the petitioner was then rejected by the respondents by ignoring the said Circular. In view of the above, the respondents are directed to consider the case of the petitioner for grant of compensate appointment without there being a rider of delay in view of the Circular dated 24.09.1999. The necessary order thereupon be passed within a period of two months from the date of production of the copy of this order. The writ petition is allowed accordingly. (MUNISHWAR NATH BHANDARI), J. mamta