- (1.) Heard Sri Arvind Kumar Vishwakarma, learned counsel for the petitioner and Sri Vinay Shanker, learned counsel for the respondent-bank.
(2.) The present writ petition has been filed with following prayers:- "i. A writ, order or direction in the nature of mandamus thereby directing the opposite parties to appoint the petitioner on the post of Sweeper on compassionate grounds under Rule 5 (1) Proviso to Dying in Harness Rules. ii. A writ, order or command or direction in the nature of certiorari quashing impugned order dated 05.10.2001 contained in Annexure No. 10 to this writ petition. iii. Any other writ, order or direction to which this Hon'ble Court may deem fit and proper in the circumstances of the case also be passed; iv. Entire costs of this writ petitioner be allowed to the petitioner."
(3.) This Court vide order dated 18.11.2011 had allowed the amendment application and following reliefs have been added:- II-a:- Issue a writ or direction in the nature of quashing the aforesaid para 4 of the circular number per/53/75/96/184 dated 16 September 1996 issued by Oriental Bank of Commerce under the authority of Government of India undertaking Head Office E-Block Harsha Bhawan, Connaught Place New Delhi-110001 contained as Annexure No. CA-1 to the counter affidavit. III-b: Issue a writ or direction in the nature of mandamus commanding the opposite parties to re-consider with regard to be given the appointment on the post of Sweeper as Class-IVth to the petitioner according to law on the compassionate ground under the dying in harness rule 1975 with consequential benefit. 3. The brief facts which give rise to the present writ petition are as follows:-;