judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Rajasthan High Court, Jaipur Bench, dismissing the writ petition filed by the appellants. Challenge before the High Court was to the order dated 26.11.2002 passed by the Central Administrative Tribunal, Jaipur (in short ‘CAT’) in OA 35/2002.

3.Background facts in a nutshell are as follows :

“Father of the respondent was employed in Kendriya Vidyalaya Sangathan (in short ‘KVS’) and died in harness on 17.9.1999.Respondent filed an application for appointment on compassionate ground. The same was rejected by the appellants. The respondent filed OA/2000 before the CAT which was allowed and the Union of India and others were directed to consider the request of the respondent for appointment on compassionate ground against 5% of the 53 Group-D vacancies available. Despite these directions, the prayer of the respondent was declined by order dated 18.9.2001. The order was challenged before the CAT by filing OA 35/2002 which was decided on 26.11.2002.Said order was the subject matter of challenge before the High Court.”

4.Reference was made before the CAT to the decision