Judgment

The prayer in the petition is for quashment of the order (Annexure P-1), dated 20-3-03, whereby application filed by the petitioner for compassionate appointment was dismissed.

2. Short facts of the case are that Late Shri Bahadursingh Rathore was in the employment of respondents and was posted as Head Constable, who died on 23-7-01. An application was filed by the petitioner for compassionate appointment, wherein it was alleged that the petitioner is eligible for the post of Constable, therefore, application filed by the petitioner be considered and the petitioner be appointed as Constable on compassionate ground. The application was taken into consideration and was dismissed, against which present petition has been filed.

3. Learned Counsel for the petitioner argued at length and submits that the impugned order passed by the respondents is illegal, incorrect and deserves to be set aside. It is submitted that the application filed by the petitioner has been dismissed only on the ground that the brother of the petitioner is in Government employment, hence, the petitioner is not entitled for compassionate appointment. It is submitted that Ishwarsingh Rathore is brother of the