JUDGMENT

D.K. Jain, J.

1. This appeal, by grant of special leave, is directed against the judgment dated 1st September, 2003 delivered by the High Court of Judicature at Allahabad at Lucknow, whereby the writ petition filed by the Appellant herein, seeking compassionate appointment, has been dismissed on the ground that he did not fulfil the conditions envisaged in the Railway Board Circular dated 29th November, 2001.

2. Appellant's father, Mr. Prahladji Sonkar, was posted as a Guard Mail/Express, North Eastern Railway at the Lucknow Junction. Respondent No. 2 viz. the Senior Divisional Karmik Adhikari, North Eastern Railway (N.E.R.), Lucknow directed the Appellant's father to appear before the Medical Board for a medical examination. Accordingly, Appellant's father appeared before the Medical Board and was declared medically unfit in A2, A3, B1 and B2 categories vide certificate dated 6th March, 1998. However, he was found fit in C1 and C2 categories and was directed to appear for another medical examination after six months.

3. Accordingly, Appellant's father again appeared for a medical examination and vide certificate dated 13th July, 1999, he was declared medically unfit as de-cat