IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 6362 of 1995
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DALJITSINH PANESINH DEVADA
Versus
STATE OF GUJARAT
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Appearance:
MR AD DESAI for Petitioner
SERVED for Respondent No. 1, 3
M/S THAKKAR ASSOC. for Respondent No. 2
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CORAM : MR.JUSTICE R.BALIA.
Date of Order: 02/05/97
ORAL ORDER
1.The petition has been heard at this stage.
Petitioner sought employment with the respondents on the
demise of his father on 13th August, 1986 while on duty
while he was serving under Mamlatdar on compassionate
ground as a dependent of the deceased employee under
Central Recruitment Scheme, 1970. The application was
made on 18.12.1990. The application has been rejected on
the ground that income of the family at the time of the
death of deceased father of the petitioner was higher
than the eligible limit. In petition it has been urged
that income of the family at the time of death of
petitioner’s father was not more than Rs.1000/and the
income of brother of petitioner Jaswantbhai could not
have been included in considering the income of the
family as he was not staying jointly with the deceased
employee, at the time of his death.
2.In reply it has been stated that the petitioner
at the time of making application on 18.12.1990
has mentioned the family income to be Rs.2700/- which
included income of petitioner’s brother Mr. Jaswant who
as per his employer’s certificate was earning Rs.1599/-.
3.In view of the aforesaid pleadings, record of the
proceedings at petitioner’s application was summoned.
From the perusal of application dated 18.12.1990 I find
that there was no mention of family income at Rs.2700/-.
Therefore, the premise of decision on alleged admission
do not exist. While the petitioner has claimed that said
brother Jaswant was not living jointly with the deceased
employee at the time of his death, the respondents have
relied on certain material in the form of panchnama and
certificate from petitioner’s brother’s employer.
However, the material about petitioner’s brother staying
with the family was not put to the applicants nor any
explanation was called about he members living jointly
with the father of the petitioner at the time of his
death. Moreover, from the material produced before me
and averments made in reply it is not clear what was the
income of the family at the time of death. It is of some
relevance that the criteria of eligibility relates to the
income of the family at the time of death of the
employee. As it lays down eligibility criteria for
dependant to apply it cannot be related to subsequent
income status. If subsequent income status can be taken
into account, then, the joint or a separate status of a
dependent as on such subsequent date alone can be
taken into account.
3.Keeping in view the aforesaid circumstances, it
cannot be said that application made by the petitioner
seeking employment on compassionate ground under the Ruls
have been considered in a fair manner by the competent
authority.
4.Accordingly, this petition succeeds. The
respondents are directed to consider the application of
the petitioner afresh in accordance with law, after
giving appropriate opportunity to the petitioner, to
satisfy the competent officer about his eligibility, as
circumstances of the case may warrant. The application
be decided within a period of six weeks from service of
the writ. Petition is allowed. No order as to costs.