SCA/6027/2008 4/ 4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6027 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================== HASMUKHBHAI MOHANBHAI PATEL Versus STATE OF GUJARAT & ORS ========================================== Appearance : MR NK MAJMUDAR for Petitioner:1 MS KRINA CALLA AGP for Respondent:1-3 DS AFF.NOT FILED (N) for Respondent:2 ========================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 09/09/2008 ORAL JUDGMENT
By
way of this petition, the petitioner has challenged the decision of
the State Government-respondent authorities, whereby the application
of the petitioner for compassionate appointment has rejected on the
ground that he was not holding requisite qualification i.e. having
passed S.S.C. Examination.
The
short facts of the case are as under:-
The
father of the petitioner Mohanbhai Patel who was serving with
respondent No.2, expired on 5th October, 2003.
The
petitioner thereafter on 26th December, 2003 made an
application for compassionate appointment along with all necessary
documents pursuant to death of his father.
The
petitioner was informed by respondent authority vide its
communication dated 29.9.2005 that his application for
compassionate appointment is rejected since he was not having
requisite qualification of S.S.C. Examination. On 16.2.2006 Gujarat
Subordinate Services Selection Committee communicated the
petitioner intimating about rejection of his application for
compassionate appointment.
Being
aggrieved by the decision of the respondent authorities the
petitioner has approached this Court by filing the present
petition.
The
learned Counsel for the petitioner has submitted that there is no
delay in preferring the application for compassionate appointment by
the petitioner. The respondent authorities have committed grave
error rejecting the application of the applicant for compassionate
appointment on the ground that the petitioner was not having passed
S.S.C. Examination. The learned counsel for the petitioner has
submitted that the respondent authorities could not reject the
application applying the policy of Government Resolution dated
16.3.2005 since the petitioner has preferred application for
compassionate appointment on 26.12.2003 and, therefore, the policy
which prevailed at the time of making application for compassionate
appointment can only be applicable to the case of the petitioner. In
support of his submission, the learned counsel for the petitioner
has relied upon the decision of the Hon’ble the Supreme Court
reported in (2007) 9 SCC 571 in
the case of State Bank of India
and Others v. Jaspal Kaur. Relying on the aforesaid
decision, the learned counsel for the petitioner has further
submitted that the petitioner has applied for compassionate
appointment on 26th December, 2003 and in view of the
above decision, the respondent authorities are required to consider
the case of the petitioner as per the policy prevailing at the time
of petitioner made application for compassionate appointment and as
per earlier prevailing policy the requisite qualification for
compassionate appointment was from Standard IV to Std.IX. The
learned Counsel for the petitioner has submitted that at that
relevant point of time the petitioner was having S.S.C mark-sheet
but he failed in S.S.C. Exam. and as such he was possessing
requisite qualification as per policy prevailed at that point of
time.
I
have gone through the averments made in the petition and the
submissions made by the learned counsel for the petitioner. This
Court is in complete agreement with the submissions made by the
learned counsel for the petitioner regarding the decision of the
Hon’ble the Supreme Court in the case of State
Bank of India and Others v. Jaspal Kaur (supra). This
Court is fully abide by the decision of the Hon’ble the Supreme
Court and in view of the same the previous policy prevailing at the
time of making application by the petitioner for compassionate
appointment can only be applicable to the case of the petitioner
instead of the policy followed by Government Resolution dated
16.3.2005 relying on which the respondent authorities have rejected
the application of the applicant-present petitioner.
In
view of the above, the present petition is allowed. The order passed
by the respondent authorities is quashed and set aside. The
respondent authorities are directed to reconsider the case of the
petitioner in view of the policy prevailing at the relevant point of
time when the petitioner has applied for compassionate appointment
immediately after the death of his father.
The
petition is entertained only on the aspect following the decision of
the Hon’ble the Supreme Court that the petitioner is entitled for
compassionate appointment as per the policy prevailing at the time
when the petitioner made application for compassionate appointment.
Rule is made absolute.
Direct
Service is permitted.
(K.S.JHAVERI,
J.)
Amit/-