SCA/3913/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3913 of 2008 ========================================================= SURESHBHAI RAYJIBHAI PARMAR - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR NK MAJMUDAR for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 09/09/2008 ORAL ORDER
The
petitioner has prayed to quash and set aside the communication dated
27.01.2006 and to direct the respondents to give appointment to the
petitioner on compassionate ground.
Father
of the petitioner, who was working with respondent, died in harness
and therefore the petitioner made an application for appointment on
compassionate ground. After various correspondence ultimately the
request of the petitioner came to be rejected by respondent no2 on
the basis of notification dated 16.3.2005 of the General
Administrative Department. Therefore the present petition has been
filed with the aforesaid prayer.
The
only contention raised in this petition is to the effect that the
petitioner has preferred application on 11.11.2003 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 in as
much 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
Kumar V/s. 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 appliation for
compassionate appointment was made.
In
the premises aforesaid this petition is partly allowed. The impugned
communication dated 27.01.2006 passed by the respondents 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.
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)
*Himanshu