S.S.NIJJAR, J. - (1.) PETITIONER No. 2 was retired from the service of Punjab State Electricity Board (hereinafter referred to as 'the Board') on 31.5.2000 on the ground of medical unfitness. At that time, he was 52 and 7 months of age. He made a representation to the Board for grant of appointment on compassionate grounds to his son petitioner No. 1. Petitioner No. 1 claimed appointment on compassionate grounds on the basis of Punjab Government Circular No. 11105/98/2PP -1/10606 dated 25.8.2000 which had been adopted by the Board vide memo No. 207606/208255 dated 29.9.2000. Ultimately, the claim of the petitioners was rejected by the respondents by order dated 30.9.2002. The operative part of the aforesaid order reads as under : - "That the application of Petitioner No. 1 was rejected by Joint Secretary Estt. -2, PSEB, Patiala vide memo No. 477 dated 11.5.2001. The reason for the rejection of this application was that the Petitioner No. 2 Sh. Jagdish Parshad was retired on 31.5.2000 at the age of 52 years and 7 months and as per Punjab Govt. Circular No. 11105/98/2PP -1/0606 dated 25.8.2000 which was adopted by PSEB vide Memo No. 207606/208255 dated 29.9.2000 - the benefit of providing of job on medical ground was withdrawn vide letter No. 11/27/94PP - 1/2364 dated 5.2.1996. Sd/ - Dy. Chief Engineer Operation Circle, PSEB, Jalandhar Dated : 30.9.2002."
(2.) AGGRIEVED by the aforesaid order the petitioners filed the present writ petition praying for the issuance of writ in the nature of certiorari quashing the aforesaid order and for a writ in the nature of mandamus directing the respondents to consider and appoint petitioner No. 1 in the Board.
(3.) ON Notice of Motion being issued, the respondents have filed the written statement. We have heard learned counsel for the parties and perused the record.;