JUDGEMENT
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(1.) IN view of the averments made in the application, this
interlocutory application is allowed.
The petitioner has approached this Court seeking direction upon the respondents for appointment on compassionate ground. The claim of the petitioner has been rejected by order dated 08.08.2012 which also has been impugned by the petitioner by filing I.A. No.8732 of 2013.
(2.) HEARD counsel for both the parties and perused the documents on record.
The father of the petitioner was employed under the work charge establishment on the post of Godown Choukidar in the year,
1980 and he was shifted in the regular establishment on 13.08.1982. The father of the petitioner died on 03.07.2005 and thereafter, the petitioner made application seeking appointment on
compassionate appointment. The petitioner has approached this
Court in W.P.(S) No. 6665 of 2007 which was dismissed by order
dated 25.11.2008 in view of the Full Bench Judgment of this Court
reported in 2005(3) JCR 9 (F.B.). The Letters Patent Appeal
preferred by petitioner was also dismissed by order dated
15.04.2009 however, a liberty was given to the petitioner to prefer a representation before the respondent no.2.
(3.) A counteraffidavit has been filed taking a plea that, since the father of the petitioner died on 03.07.2005 and a decision was
taken by the Government on 16.07.2008 extending benefits to the
dependents of the employee who was later on shifted to the regular
establishment, the benefit under the said decision, cannot be
extended to the petitioner.;
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