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Judgment
By way of the present writ petition, the petitioner has laid challenge to an order dated 03.03.2014, whereby petitioner's application, seeking compassionate appointment had been turned down by the respondents inter alia observing that the application was not filed within a period of 90 days.
Mr. Surendra Thanvi, learned counsel appearing for the petitioner submits that rejection of petitioner's application for grant of compassionate appointment vide impugned order is illegal as the notification dated 16.07.2010, whereby the relevant Rules of 1975 had been amended, has been struck down by this Court vide its judgment dated 28.10.2015 rendered in case of Prashant Soni Vs. The Managing Director, Nagaur Central Co-operative Bank Ltd (S.B. Civil Writ Petition No.8701/2014).
He further, submitted that an appeal filed thereagainst has been rejected by the Division Bench vide its order dated 10.05.2016 and the order of learned Singh Judge quashing the notification has been affirmed. Mr. Thanvi relies upon another judgment of this Court dated 06.10.2016 rendered in S.B. Civil Writ Petition No.5862/2014 (Rahul Sankhla Vs. State of Rajasthan & Ors.), wherein relying upon the aforesaid judgments, a Co-ordinate Bench of this Court has allowed the writ petition and quashed the order for rejecting petitioner's candidature, involving identical issue.
Mr. Surendra Choudhary, learned counsel for the respondents is not in a position to controvert this possession of law.
In view of the above, the present writ petition is allowed, the impugned order dated 03.03.2014 (Annex.6) rejecting petitioner's application for grant of compassionate appointment is quashed and set aside. The respondents are directed to consider petitioner's application afresh and give him suitable appointment within a period of three months from today, if he is otherwise found eligible.
Writ petition stands allowed. No order as to costs.