Ashok Parihar, J. - (1.) Father of the petitioner, while working as Postal Assistant in the Postal Department, died on 7.8.1999 while in service. The mother of the petitioner submitted an application for giving compassionate appointment to the petitioner. The application was rejected by the department vide order dated 1.3.2001 mainly on the ground that the family of the deceased employee not been indigent. It has been mentioned in the order dated 1.3.2001 that the widow of the deceased employee has been getting pension amounting to Rs. 3025/-+D.R. per month; the terminal benefits to the tune of Rs. 4,84,000/- have also been paid to the family; the family is also in possession of 3 1 /2 Bighas of agricultural land and also own a residential house.
(2.) The order dated 1.3.2001 passed by the department was challenged by the petitioner before the Central Administrative Tribunal, Jaipur Bench, Jaipur by way of filing an appeal. After considering the reply submitted on behalf of the department, the Tribunal dismissed the appeal vide order dated 24.10.2001 on the ground that no indigent circumstances exist in the family of deceased so as to give compassionate appointment to the petitioner. The order dated 24.10.2001 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur is under challenge in the Present writ petition.
(3.) Mr. Bhardwaj, learned counsel for the petitioner, while assailing the impugned order passed by the Tribunal, has submitted that exactly under the similar circumstances, the Tribunal, while allowing the appeal filed by one Smt. Manju Nigam, had directed the respondents to reconsider the case of the said appellant for appointment on compassionate ground on a suitable, post. The order dated 20th November, 2001 passed by the Tribunal has already been upheld by the Division Bench of this Court in D.B. Civil Writ Petition No. 1812/2002, Union of India and others v. Smt. Manju Nigam, decided on 23rd September, 2002 .;