Gujarat High Court Case Information System
Print
SCA/3931/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3931 of 2010
=========================================================
ALPESHKUMAR
GAJANAND SUTHAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
IS SUPEHIA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 31/03/2010
ORAL
ORDER
By
way of present petition, the petitioner has inter alia prayed for
quashing and setting aside the impugned order/letter dated 28th
April 2004 and directing the respondents to consider the case of the
petitioner for appointment on compassionate ground.
The
father of the petitioner who was working under the
respondent-authority as Deputy Chitnis died in harness on 27th
April 2001 and the petitioner made an application on 17th
May 2001 to the respondent-authority. However, the same was without
complete documents and thereafter, the application with complete
details and documents was forwarded on 20th November 2002
by the respondent No.2 for giving him compassionate appointment as
per the scheme prevailing at the relevant point of time.
Learned
advocate for the petitioner submitted that the respondent authority
has erroneously rejected the request of the petitioner even though
the father of the petitioner had died in harness. According to him,
since the father of the petitioner was in the employment of the
respondent authority, he should have been granted appointment on
compassionate ground.
As
a result of hearing and perusal of the record, there is no dispute
that the father of the petitioner has died on 27th April
2001 and thereafter, the application for appointment on
compassionate ground was made by the petitioner with complete
details on 20th November 2002. Admittedly, there is delay
in applying for appointment under the scheme.
In
the appointment on compassionate ground there should not be any
delay in such appointment, in case of State of Manipur versus
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 is to mitigate the hardships due to death of the breadwinner
in the family. Such appointments should, therefore, be provided
immediately to redeem the family in distress. In the present case,
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 such a delay. Therefore, this Court is of
the view that the authority has rightly rejected the request of the
petitioner in view of delay in making application.
In
the premises aforesaid, I do not find any merits in the petition.
The same is accordingly rejected.
(K.S.
Jhaveri, J)
Aakar
Top