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SCA/9302/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9302 of 2010
=========================================================
MAHERIA
/CHAMAR MAHESH VEERBHAI - Petitioner(s)
Versus
INSTITUTE
OF HOTEL MANAGMENT,CATTERING AND NUTRITION,A'BAD - Respondent(s)
=========================================================
Appearance
:
MRHEMALKACHARYA
for
Petitioner(s) : 1,
MR PS CHAMPANERI for Respondent(s) : 1,
MR
SIRAJ R GORI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/10/2010
ORAL
ORDER
1. The
petitioner is before this Court being aggrieved by the rejection of
his application seeking appointment on compassionate ground on the
sad demise of his father on 17.3.2007. The communication is at
Annexure-F page 20 dated 18.12.2009 wherein it is mentioned that,
‘the management has received applications dated 23.10.2007, 6.2.2008
and 17.9.2009 which were not signed and, therefore, they were not
accepted. The application dated 18.12.2007 was not received by the
management. Only applications dated 29.1.2008 and 22.12.2008 were
received in acceptable form’.
1.1 The
communication then states that as the person seeking appointment on
compassionate ground is not fulfilling condition of being fully
dependent upon the deceased, he cannot be given appointment on
compassionate ground.
2. Learned
advocate Mr.Acharya submitted that in view of the provisions
pertaining to the appointment on compassionate ground of dependent,
copy of the relevant provisions from Swamy’s Hand Book 2006 are at
pages 9 and 10 of the petition wherein the term ‘dependent family
member’ is defined which reads as under.
“Dependent
family member means (a) spouse; (b) son/daughter (including adopted
son/adopted daughter) and (c) brother or sister in the case of
unmarried Government servant / member of the Armed Forces at the time
of his death in harness / retirement on medical grounds, as the case
may be.”
2.1 There
are exceptions to the aforesaid provisions which read as under.
“Exceptions.-
(1)
In exceptional circumstances, with the prior approval of the
Secretary of the Ministry / Department concerned, the appointment on
compassionate grounds may be considered even when there is an earning
member in the family of the deceased.
(2) If
the deceased was unmarried, one of the dependent brothers/sisters
will be eligible for consideration, on giving an undertaking that
he/she will look after the other family members who were dependent on
the deceased Government servant.”
3. Learned
advocate Mr.Siraj Gori appearing for the respondent invited attention
of the Court to the affidavit filed by one Vinod Shukla, Principal
In-charge, Institute of Hotel Management Catering Technology and
Applied Nutrition, Ahmedabad and he invited attention of the Court to
the contents of paragraphs 7 and 8 of the reply. Learned advocate
for the respondent submitted that in view of the averments made in
the aforesaid two paragraphs, it is clear that the petitioner was not
dependent of the deceased father. That being so, his case is rightly
not considered by the management.
4. Having
heard learned advocates for the parties, the Court finds no substance
in the petition. The petition is dismissed. Notice is discharged.
(RAVI
R.TRIPATHI,J)
pathan
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