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Judgment
The delay of 43 days in filing the appeal is condoned.
The appeal is preferred against order dated 06.10.2016
whereby the learned Single Judge has issued directions as under:
"Consequently, the instant writ petition deserves to be and is hereby allowed. The impugned order dated 1.5.2014 (Annex.8) is quashed and set aside. The respondents are directed to consider afresh the petitioner''s claim for compassionate appointment
ignoring the circular dated 16.7.2010 and keeping in view various guidelines governing compassionate appointments in Government services. An objective consideration of the petitioner''s prayer for compassionate appointment shall be made and reasoned order shall be passed thereupon and communicated to the petitioner within a period of three months from the date of receipt of copy of this order."
In our considered opinion, when the learned Single Judge
himself has stated that the respondents shall pass a reasoned
order, this inherently contemplates positive and negative both
kinds of decision. Thus, if they are rejecting claim of the petitioner,
they have to pass a reasoned order therefor.
In view of the explicit directions, the apprehension put
forward by the respondent-appellant regarding grant of
compassionate appointment to petitioner is misconceived.
Hence, the appeal is misconceived and is hereby dismissed.