JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court dated 6 October 2015.

3. The father of the respondent who was working as a Peon in the Revenue Department of the State, died on 4 January 1997, while in service. On the date of the death of his father, the respondent was a minor. He attained the age of majority on 17 November, 2002. The policy of compassionate appointment framed by the State of Himachal Pradesh, inter alia, contains a stipulation that where none of the children of a deceased government employee have attained the age of majority at the time of the death of the employee, an application can be submitted on the attainment of the age of twenty one years by the eldest child. This provision is contained in paragraph 8 of the policy dated 18 January 1990. The application submitted by the respondent upon attaining the age of majority was processed, but was eventually rejected on 25 April, 2008 on the ground that the brother of the respondent is already in the service of the Himachal Pradesh Electricity Board. The fact that the brother of the respondent is employed with a State undertaking is not