PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers: "It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction, the impugned order dated 09.01.2015 Annex.1 may kindly be declared illegal and be accordingly quashed and set aside and a direction may be issued to the respondent No. 2 to immediately appoint the petitioner on a post according to the qualification to the petitioner with all consequential benefits. Any other relief to which petitioner appears entitle to may kindly be also be passed in favour of the petitioner."
(2.) The brief facts as noticed by this Court are that the petitioner is a son of Late Shri Bhanwani Shanker Gaur who was an employee of the respondent department. The petitioner's father was subjected to a disciplinary enquiry and as a consequence of the same, he suffered a dismissal order on 28.08.1989. Aggrieved by the dismissal order, the petitioner's father filed an appeal which was also dismissed vide order dated 09.03.1999. The petitioner's father filed a S.B. Civil Writ Petition bearing No. 1028/1999 and while the writ petition was pending, the petitioner's father was died on 11.10.2005 leaving behind the petitioner and his widow Smt. Kala Devi. Thereafter, the petitioner applied for the compassionate appointment in the year 2006 itself within the stipulated time period. The application remained pending with the respondents, the writ petition filed by the petitioner's father came to be allowed by this Hon'ble Court vide order dated 25.01.2011. The relevant portion of the order reads as follows: "...In this view of the matter, this writ petition is allowed. Impugned orders Annex.8 dated 28.08.1989 passed by the Disciplinary Authority and Annex.10 dated 09.03.1999 passed by the appellate authority are hereby quashed. Late Bhawani Shanker Gaur shall be treated to have been in service until attaining the age of superannuation with all consequential benefits right frm the date of Bhawani Shanker Gaur was placed under suspension on 01.02.1980, to which, his legal representatives are held to be entitled to receive. His retiral benefits from the date of superannuation with entire arrears shall also be paid to his widow - LR No. 1 Smt. Kela Devi Gaur, R/o Chhoti Sadari (Chittorgarh) within a period of three months from the date of filing certified copy of this order."
(3.) The respondents filed an appeal bearing Appeal No. 1260/2011 before the Hon'ble Division Bench which was dismissed and the order passed by the Hon'ble Single Bench was upheld on 20.02.2013. The petitioner who had submitted his application for compassionate appointment well within the time in the year 2006 when he was having the right age and right qualification agitated the same, but has been given the compassionate appointment even after the dismissal order having being set aside by this Court vide order dated 25.01.2011.;