- (1.)Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission.
(2.)This petition under Article 226 of the Constitution of India has been filed by the petitioner praying therein for issuance of an appropriate writ for quashing and setting aside an order dated 25.5.2006 issued by respondent no.3 and also to direct respondent no.3 to appoint the petitioner as an employee of Municipal Council in class IV cadre on compassionate ground.
(3.)Such of the facts as are necessary for the decision of this petition may briefly be stated thus :-
Father of the petitioner, who was suffering from stomach cancer, succumbed to the aforesaid ailment on 28.10.2005 before completion of the age of superannuation. Father of the petitioner had been employed in the Municipal Council as a class IV employee. According to the petitioner, since his father was a class IV employee he was asked to discharge his duties in various Departments including the Octroi Department. On account of untimely death of his father, an application came to be submitted for appointment on compassionate basis. The application of the petitioner was turned down by the respondents on the ground that since father of the petitioner was working in the Octroi Department and octroi had been abolished, the petitioner was not entitled to claim any appointment on compassionate ground.