“6. Thus, the very first claim made by the brother of petitioner no.1, elder son of petitioner no.2, Alkesh was already rejected on the ground that he did not possess the requisite qualification of S.S.C. as per the notification dated 16.03.2005. The said decision was accepted by the elder son and the petitioner no.2, since it was not challenged before any forum. It is also not disputed that the sister of the petitioner no.1 was std.10 pass, but she did not apply. Thereafter, the present petitioner applied in the year 2016, after becoming major. The scheme of compassionate appointment introduced vide Government Resolution dated 10.03.2000 was replaced by lump sum financial assistance scheme vide Government Resolution dated 05.07.2011. Thus, the petitioners have interpreted the scheme of compassionate appointment as if a government post is required to be reserved for any one family member of the deceased employee and if one member does not get, the other will claim the same. None of the schemes provide for such eventuality. The scheme does not state that in case one family member is found to be ineligible, and the other family member can apply and claim it. The scheme of compassionate appointment prescribes that any one family member, who is eligible at the time of death of deceased employee should apply. In the instant case, the elder son applied, who was not found eligible, and hence the subsequent application of any of the other member cannot be considered, as the same will frustrate the object of both the schemes. The petitioners cannot claim lumpsum compensation of the subsequent scheme, since the case for compassionate appointment of his elder brother was already rejected.
