Honble MUKHERJI, C.J.–The case of the writ petitioner inter alia is that his father late Jog Raj was the Chowkidar (Watchman) in Krishi Upaj Mandi Samiti, Rani Station. His appointment was made vide order dated 6.8.64. His father Jog Raj died on 17.3.95 while in service as per death certificate a copy of which is marked as Annexure 2 to the writ application. The Krishi Upaj Mandi Samiti, Rani Station advised the Director, Agricultural Marketing regarding death of his father to which the Joint Director, Agricultural Marketing Directorate advised the Secretary, Krishi Upaj Mandi Samiti, Rani Station District Pali vide his letter dated 22.3.95 that the payment of final dues of the deceased be made to the dependents as per rules and necessary action may be taken so as to give an appointment to one of the depen- dents as per qualification according to the rules. A copy of the said letter dated 22.3.95 is at Annexure 3 to the writ application. The petitioner contends that he is the only son of the deceased and his mother has also died long before. He applied for appointment for the post of Class IV Employee in Mandi Samiti, Rani. The respondent no. 4 vide letter dated 24.6.95 issued in compliance of the letter dated 17.6.95 informed the petitioner that since his age is 38 years on 1.3.95 he was over age for appointment in government service and as such he was not eligible to be appointed as dependent of the deceased employee. A copy of the letter dated 24.6.95 is at Annexure 4 to the writ application. The petitioners contention inter alia is that as regards rules of Dependents of Government Dying While in Service there is a specific rule. Rajasthan Recruitment of the Dependents of Government Servants Dying While in Service Rules, 1975 applies in respect of giving appointments to the dependents of a Government servant dying while in service. So far as employees of Mandi Samiti are concerned, the Rajasthan Krishi Upaj Mandi (Mandi Samiti Karamchari) Service Rules, 1975 were applicable. Rule 64- III of the above rules has been added by amending Notification No. 4 dated 1.8.84 whereby the rules for the recruitment of dependents of the employees dying while in service shall be same as are applicable to the State Government employees. Rule 64- III of the above rules has been added by amending Notification No. 4 dated 1.8.84 whereby the rules for the recruitment of dependents of the employees dying while in service shall be same as are applicable to the State Government employees. It is under these circumstances that the petitioner by filing this writ application contended inter alia that the bar of over age would not apply to his case and he cited specific ruling on the matter in Shanti Gopal Purohit vs. State of Rajasthan and others (1), where it was specifically held that the upper age limit for appointment does not prohibit giving of employment in case of dependents of a government servant dying while in service. In the reported case there was a direction to consider the application for giving suitable employment. (2). Mr. Bhansali appearing for the respondents no. 1 to 3 contended before me by placing a reply which has been filed in the case that it is indeed a fact that the petitioner is the only son of the deceased employee and was dependent upon his father. Consequently, he applied for appointment on the basis of recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 which was applicable in respect of the employees of the Mandi Samiti as well. But since he was aged 38 years on 1.3.95 the Joint Director vide his letter dated 17.6.95 informed the writ petitioner that he could not be appointed since he crossed the prescribed age for appointment. The applicability of Rule of Rajasthan Recruitment of the Dependents of Government Servants Dying While in Service Rules in respect of employees of Mandi Samiti has also not been disputed before me and that being so, I am of the considered view that the respondents should consider the case for employment of the writ petitioner in accordance with law overlooking the factum of the writ petitioner having crossed the upper age limit as a special case. That consideration should be so done within three months from this date. The order so passed by the respondents shall be duly communicated to the writ petitioner by a speaking order. Writ application stands allowed.