Ineligibility for compassionate appointment due to existing government service of a family member and age criteria for appointment eligibility.

1. - Mr. B.M. Bohra appears for all the respondents. Service is complete.

2. At the request of learned counsel for the parties. we have heard the appeal on merit.

3. The petitioner-appellant applied for compassionate appointment after the death of his father late Shri Saved Razan Ali in the year 1999. He has made an application for appointment on 5.4.1999. The applicant's application was rejected on the ground that spouse of the deceased was already in Government service, therefore, no second employment in the family is permissible by way of compassionate appointment. The contention of the to learned counsel for the petitioner-appellant is that the spouse of deceased father who was in service, was second wife and step another of the applicant and, therefore, he was not the member of the family of Smt. Nishi @ Rohtagi Nishita Begum being in Government employment who was wife of deceased at the time of deceased.

4. We do not find any error in the finding of the learned Single Judge because the spouse of the deceased is already in service and therefore, no other dependent could be offered appointment on compassionate ground. Moreover, it has also been noticed that when an application was moved, the applicant was hardly 16 years of age, therefore, he was not entitled to be given appointment.

5. In the aforesaid circumstances, it is apparent that the applicant was not eligible to be appointed in Government service and therefore, his application otherwise was liable to be dismissed.

6. We do not find any merit in this appeal. The appeal is hereby dismissed.Appeal Dismissed.

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