ORDER :

1. Leave granted.

2. Heard learned counsel for the parties.

3. The respondent sought compassionate appointment on account of the death of his father on 17.05.2004, who was working with the appellants. On the date the application was submitted, the policy for compassionate appointment dated 21.11.2002, is stated to have been in force.

4. The respondent did not get any compassionate appointment and it is the case of the appellants that the implementation of the policy was kept in abeyance on account of the consideration of a new policy. The new policy came into effect on 23.11.2004. The respondent was sought to be granted the benefit under the new policy in terms whereof solatium of Rs. 3 lakhs was offered to him. In the alternative the respondent was also offered the benefit of temporary post. He declined both the options.

5. For the first time the respondent approached any judicial forum in the year 2011 by filing a Writ Petition which was disposed of on 12.03.2012 to consider his application in a time bound manner as per policy. The petitioner, however, rejected the request. In the second Writ Petition filed assailing this decision, the respondent was relegated to the remedy of