ORDER

1. The present petition under Article 226 of the Constitution of India had been filed by the petitioner being aggrieved by the arbitrary and malafide action on the part of respondents No.1 & 2 in not giving compassionate appointment to the petitioner in place of his father who was posted in Sub-Jail, Shivpuri and had expired on 20/08/2004, while he was on duty. On 07/12/2004 mother of the petitioner had moved an application seeking appointment of the petitioner as a 'Boy Orderly', since there was no response, in the year 2015 the petitioner under Right to Information Act inquired about his pending application. Vide letter dated 21/07/2016 information was forwarded to the petitioner, where from it came to the knowledge of the petitioner that his candidature was rejected in lieu of clause 4.1 of the State Government's policy dated 18/08/2008, which speaks of noneligibility of a person for appointment on compassionate ground if any member of the family is already in Government service and since his mother was working in Janpad Panchayat as Assistant Grade III he was held not to be entitled.

2. Learned counsel for the petitioner vehemently argued that the application for appointmen