(1.) Heard learned counsel for the parties.
(2.) The claim of the petitioner for compassionate appointment has been declined on the ground that the post of A.S.I.(M) on which the petitioner seeks appointment is not vacant.
(3.) The contention of the petitioner is that non-availability of a post cannot be a ground for refusing compassionate appointment. In this regard learned counsel for petitioner places reliance on a decision rendered by this Court in Writ Petition No. 2228 of 2014 (Prakash Agarwal vs Registrar General Allahabad High Court Allahabad & others). He also places reliance upon a Government order dated 17.06.2014 issued by the Personnel Department of the State Government addressed to all the Principal Secretaries/Secretaries of the Government in compliance of the said judgment.