JUDGMENT

[1] This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to give compassionate appointment to the petitioner to a class-III post in the Sericulture Department, preferably as a Lower Division Clerk or Inspector, which is commensurate with his educational qualification.

[2] The case of the petitioner is that his father John Chithang Naulak, while working as an Inspector in the Sericulture Department, died on 4.10.2002 and the petitioner being the eldest son submitted an application for compassionate appointment under the die-in-harness scheme. However, at the relevant point of time, the Government had withdrawn the dis-in-harness scheme for some time only to restore it after a few years. After the restoration of the scheme, it was notified that the family members of the deceased employees who had died during the period of withdrawal and restoration will be eligible for compassionate appointment as per the death of the deceased employee, subject to the family member applying for compassionate appointment.

[3] Further case of the petitioner is that the petitioner, who has earlier applied at the time of the death of his father, a