ORDER :

(Through Video Conferencing)

1. Mr. Sanjay Patel, learned counsel for the petitioner, would submit that petitioner's application for grant of compassionate appointment was rejected on the ground that as per Circular dated 28/02/2004 (Annexure R/1), petitioner, being brother of the deceased/Government servant, is not entitled for compassionate appointment whereas Circular dated 30/07/2013 (Annexure P/2) would be applicable in petitioner's case which would make him entitled for grant of compassionate appointment.

2. Mr. K.R. Nair, learned counsel for the respondents, would submit that deceased Government servant/petitioner's brother died on 27/07/2005 and accordingly, Circular dated 28/02/2004 (Annexure R/1) would be applicable and as such, petitioner's application has rightly been rejected holding that he, being the brother of the deceased, would not be entitled for compassionate appointment.

3. I have heard learned counsel for the parties at length and perused the record.

4. It is not in dispute that petitioner's brother, who was working on the post of Assistant Grade II, died in harness on 27/07/2005 and during that period, Circular dated 28/02/2004 (Annexure R/1) was applicabl