ORDER K. Sreedhar Rao, J.—One D.N. Belavanagi was working as a driver under the respondent on probation and his services were regularised on 16.11.1992. The petitioner was dismissed from service on 11.7.1997. An Industrial dispute was raised challenging the dismissal in KID No. 85/1997. The Labour Court directed reinstatement of D.N. Belavanagi by an award dated 22.5.2001. 2. After the award, the delinquent official did not report for duty. The respondent issued a Memo at Annexure-B dated 23.5.2002 directing the employee to come and join for duty immediately. The employee D.N. Belavanagi died on 30.4.2003. The petitioner is the wife of the deceased D.N. Belavanagi. She has made an application for appointment on compassionate ground. The respondent-Management rejected the application on the ground that D.N. Belavanagi abandoned his duties and did not join the duty after the reinstatement order. 3. In the petition averments, it is stated that D.N. Belavanagi was suffering from chronic Tuberculosis and he did not have good health to join for duty and immediately succumbed to the ailment. The petitioner says that she has got 5 children and no source of income. The respondent has rejected the application given by the petitioner on the ground that D.N. Belavanagi was not in the employment at the time of death. 4. The rejection of the request appears to be untenable. By virtue of the order of reinstatement, the deceased is deemed to be in service although he has not joined for duty and remained absent unless he has been validly terminated from service. Therefore, it cannot be argued that deceased D.N. Belavanagi was not in service and rejecting request on that sole ground is bad in law. 5. Therefore, the order at Annexure-E dated 7.1.2002 is quashed. The respondent is directed to reconsider the case of the petitioner in the light of the other guidelines and pass appropriate orders in accordance with law within 3 months from the date of this order.