JUDGMENT :

The case of the petitioner is that his father, who was serving as Beldar with the respondent-department, died in harness on 01.04.2016. The petitioner applied for appointment on compassionate grounds post death of his father on 16.08.2017. His grievance is that his prayer for offering him appointment on compassionate basis has been rejected by the respondent-department vide order Annexure P-4, dated 03.07.2020, on the ground that the petitioner does not fulfils minimum prescribed educational qualification in terms of instructions dated 07.03.2019 and 01.11.2019 issued by the Finance Department.

2. Mr. Daleep Chand, learned Counsel for the petitioner has argued that the rejection of the case of the petitioner by the respondent-Department is not sustainable in law as the department has erred in not appreciating that the case of the petitioner for compassionate appointment had to be considered on the touchstone of the policy which was prevalent in this regard as on the date when father of the petitioner died and not on the basis of subsequent policy/instructions which came into existence in the year 2019. Learned Counsel has also argued that in terms of previous policy and in