J.C.S. Rawat, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioner seeking the following reliefs ; 1. for a writ in the nature of mandamus commanding upon the Respondent to immediately and forthwith provide service to the Petitioner on compassionate ground in place of his father who died in harness on 11.3.1997.
(2.) AND /or for any other order/direction that your Lordships may deem fit and proper in the facts and circumstances to the present case. 2. The father of the Petitioner died in harness on 11.3.1997 and thereafter he moved an application before the Respondents seeking his compassionate appointment . The said application has not been disposed of by the Respondents and hence this writ petition has been filed by the Petitioner. The writ petition was contested on the ground that the Petitioner crossed the age of 38 years on 11.3.1997 and therefore he cannot be employed in view of Clause 9.4.0 (iv) of the NCWA. In Annexures A and B to the counter affidavit, it is only stated that the competent authority has only regretted the same.
(3.) LEARNED Counsel for the Respondents contended that the Petitioner's application has not so far been disposed of and the correspondence which were filed before this Court is in between the department of the Respondents which has not been communicated to the Petitioner. He also contended that the ground which has not been taken in Annexures A and B cannot be supplemented by a counter affidavit and the learned Counsel for the Respondents submitted that the writ petition has been filed belatedly .;