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SCA/1088620/2008 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10886 of 2008
======================================================
PATEL
SUNILKUMAR ARVINDBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================================
Appearance :
MR
NK MAJMUDAR for Petitioner(s) : 1,
MR SHIVANG SHUKLA, AGP, for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/09/2008
ORAL
ORDER
1. Rule.
Mr. Shivang Shukla, learned AGP, waives service of rule on behalf of
the respondents. At the joint request of parties, this matter is
taken up for final hearing.
2. The
petitioner has challenged the communication dated 15th
August 2006 passed by respondent authorities rejecting the
application seeking appointment on compassionate ground.
3. Father
of the petitioner was working as Work Assistant in Panchayats, Roads
and Building Department, Ahva and he died on 18.2.2002 while in
service. The petitioner, therefore, made an application on 30.3.2002
requesting for appointment on compassionate ground. The respondent
authorities rejected the said request by communication dated
15.8.2006 on the ground that the petitioner does not possess the
minimum qualification of SSC passed.
3. The
only contention raised in this petition is to the effect that the
petitioner has preferred application on 30.3.2002 and the same was
considered on the basis of the scheme subsequent to the said period
and not on the basis of the scheme which was prevailing on the date
of the application. This contention requires to be accepted inasmuch
as it is well settled law that the respondent is required to consider
the application for compassionate appointment on the basis of the
scheme which was prevailing at the time of application. This
principle is laid down by the Apex Court in the case of Abhishek
Kuamr Vs. State of Haryana and others, reported in (2006) 12 SCC 44
and also in the case of SBI Vs. Jaspal Kaur, reported in (2007) 9 SCC
571 wherein it is held that the matter should be decided within the
parameters of the scheme prevailing when the application for
compassionate appointment was made.
4. In
the premises aforesaid this petition is partly allowed. The impugned
communication dated 15.8.2006 passed by respondent authority is
hereby quashed and set aside. The respondents shall consider the
application of the petitioner on the basis of the scheme which was
prevailing on the date of the application. Rule is made absolute
accordingly with no order as to costs.
5. It
is clarified that this order is passed without entering into the
merits of the request for compassionate appointment and the authority
shall consider the matter on its merits.
[K.S.
JHAVERI, J.]
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