In response to the above submissions, learned counsel for the first respondent submitted that the father of the first respondent died in harness on 13.01.1991. The first respondent was offered compassionate appointment vide letter dated 27.06.1994 with effect from 02.07.1994 and there had been an approval of compassionate appointment on 23.05.1998. When, despite approval, salary was not paid, the first respondent filed Writ Petition No.23695 of 1998 which came to be allowed after exchange of affidavits and hearing both sides. The writ court had found that there was no challenge to the procedure for appointment and that the appointment had been approved therefore there was no justification to deny salary. He submits that, in the circumstances, the order of the writ court dated 22.04.2009 was an order passed on merits after hearing both sides and there was therefore no occasion to file a recall or review application. The appellants did not even file an appeal and waited for nearly 10 years to file the appeal which was withdrawn. It has been submitted that, in these circumstances, the learned Single Judge was justified in rejecting the application seeking condonation of delay in filing the review application.
