(1.) SHRI Akhtar Ali Usta, father of the petitioner Inayat Ali Usta was serving as a Senior Turner (Anudeshak) in the office of the Principal Industrial Training Institute, Bikaner. While on duty, he died on 2. 10. 1997, leaving behind him his widow Nasiban aged 50 years and four sons; (i) Mukhtiar Ahmed aged 34 years married and doing private job, (ii) Mushtak Ahmed, aged 32 years married and working in M. E. S. with Central Govt. (iii) Inayat Ali (present petitioner) aged 30 years married and unemployed and (iv) Ashraf Ali aged 25 years, married and studying.
(2.) ON 22. 10. 1997 widow Nasiban made an application (Annex. 2) for giving employment to her third son-Inayat Ali on the ground that he is unemployed, therefore, in her place he may be appointed on the death of her husband. The said request was rejected by the respondent department on the ground that his one of the brothers Shri Mushtak Ahmed is serving in M. E. S. in Central Govt. therefore, the petitioner filed writ petition before this Court, which was rejected by the learned Single Judge on 6. 10. 1998, against which this special appeal is filed.