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SCA/11033/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11033 of 2010
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AMIT
MURLI PATEL @ RAISINGHANI & 1 - Petitioner(s)
Versus
UNION
OF INDIA THROUGH SECRETARY & 2 - Respondent(s)
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Appearance :
MR
NV ANJARIA for Petitioner(s) : 1 - 2.
MS REETA CHANDARANA for
Respondent(s) : 1 - 3.
NOTICE SERVED BY DS for Respondent(s) :
3,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/10/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
writ petition has been preferred for compassionate appointment of the
1st petitioner. Father of the petitioner Murli Patel
@ Raisinghani @ Murli Khubchand Raisinghani, who was an employee of
the Railways, died on 22.6.1991. After about 20 years, the 1st
petitioner applied for compassionate appointment, but having not
granted, he has challenged the order of refusal dated 23.2.2010
passed by the respondents.
2. The
learned counsel appearing on behalf of the petitioners would contend
that the 1st petitioner was minor at the time of death of
his father and as per the circular, the case ought to have been
considered after the 1st petitioner attained the age and completed
the education. According to him, in terms of the scheme framed by
the respondents, the son/daughter/widow/widower of the deceased
employee is eligible to be appointed on compassionate grounds. Where
the widow cannot take up the employment and the sons/daughters are
minor, the case may be kept pending till the first son/daughter
attains the age of 18 years and as per the scheme produced, it can be
considered upto the age of 20 years.
3. Though
such submissions have been made, but the death of the father of the
1st petitioner having taken place on 22.6.1991, we are of
the view that after 20 years, his case cannot be considered for
compassionate appointment. The scheme, if any, framed by the
respondents to consider the case for compassionate appointment upto
20 years from the date of death of the deceased employee can be
doubted and one may assail the same on the ground of violative of
Article 14 of the Constitution of India. We find no merit in this
case. The writ petition is accordingly dismissed.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
Sundar/*
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