- (1.) I have heard Sri Manoj Kumar Sharma, counsel for the petitioner and Sri N.P. Singh, counsel for the respondents and have perused the record. As pleadings are complete, with the consent of the counsel for the parties, the petition is being finally disposed of at the admission stage.
(2.) The facts, in brief, are that one Mahendra Nath Misra, who was an employee of Food Corporation of India, working on the post of AG-III(Store), Jhansi, died in harness on 04.12.1991. The petitioner claims himself to be younger brother of deceased Mahendra Nath Misra. It is claimed by the petitioner that his brother Mahendra Nath Misra was suffering from Leprosy as well as Cancer. Since he was unmarried, the petitioner was looking after him, and in return, petitioner's elder brother provided for education of the petitioner. Consequent to the death of his elder brother, the petitioner, on 10.02.1992, applied for appointment on compassionate ground. This application of the petitioner remained pending on account of a succession dispute between one Uma Devi, who claimed herself to be the legally wedded wife of Mahendra Nath Misra, and the parental family of Mahendra Nath Misra. It is claimed that the Civil Court ultimately, in the year 2004, decided the dispute whereby the claim of Uma Devi was rejected and the succession certificate granted in favour of the mother of the petitioner was upheld. After conclusion of the succession case, the petitioner again set in motion his claim for compassionate appointment, which was rejected by the order dated 17.11.2008. The ground for rejection of the claim was that under the Govt. of India's instructions only widow/ son/ daughter /adopted son or adopted daughter could be considered for compassionate appointment, therefore, the petitioner, who was brother of the deceased employee, was not eligible for consideration. It is this order, which has been impugned in this petition.
(3.) Along with his writ petition, the petitioner has enclosed a copy of circular No. 29 of 1990 dated August 20, 1990, which contains the scheme for compassionate appointment of a son/daughter/near relative of the deceased employee of Food Corporation of India.;