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SCA/10891/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10891 of 2002
=========================================
PRAKASHKUMAR
KARSANBHAI NAGARIYA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
MEHUL H RATHOD for
Petitioner(s) : 1,
Ms Krina Calla Asstt. GOVERNMENT PLEADER for
Respondent(s) : 1 - 3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 03/05/2010
ORAL
ORDER
1. The
petitioner has prayed to direct the respondent authorities to give
appointment to the petitioner on compassionate ground on the post of
peon or any suitable post.
2. The
father of the petitioner, who was working with Armed Police Constable
expired during his service period. The petitioner’s father left
behind his wife and three minor children. He made an application
for compassionate ground.
3. The
Inspector General of Police rejected the request of the petitioner
for getting appointment on compassionate ground stating that the
application is not within time limit.
4. Learned
advocate for the respondent has contended that in exceptional
cases, if the Government servant dying leaving behind illiterate
widow and minor children then and that the period of five years can
be relaxed with General Administration Department prior concurence.
But in this case, the deceased wife is not illiterate widow, she
could apply for compassionate appointment for the post of peon at the
relevant time.
5. In
the appointment on compassionate ground there should not be any delay
in such appointment. In the State of Manipur Vs. Md Rajaodin,
reported in (2003) 7 SCC 511 the Apex Court has held that when
there is a long delay in applying for appointment under the Scheme,
such request cannot be accepted. It is required to be noted that the
purpose of providing appointment on compassionate ground it to
mitigate the hardship due to death of breadwinner in the family.
6. I
have gone through the record threadbare and reached to the conclusion
that the petitioner is not able to point out any provision in the
Scheme which enables the petitioner to apply for appointment on
compassionate ground after a long delay. Therefore this Court is of
the view that authority has rightly rejected the request of the
petitioner in view of the long delay in making application.
7. In
the premise aforesaid, I do not find any merits in the petition. The
same is accordingly rejected. Notice is discharged. No order as to
costs.
(K.S.
Jhaveri,J.)
mary//
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