Gujarat High Court Case Information System
Print
SCA/6178/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6178 of 2008
=========================================================
SHARDABEN
C. RATHOD - Petitioner(s)
Versus
SECRETARY
& 2 - Respondent(s)
=========================================================
Appearance
:
MR
PH PATHAK for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 09/09/2008
ORAL
ORDER
1. Petitioner-widow of
late Mr.C.S.Rathod has prayed to quash and set aside the communicated
dated 16/2/2006 passed by the respondent no.1 and to direct the
respondents to give appointment to the petitioner on compassionate
ground.
2. Husband of the
petitioner, who was working with respondent as a Peon died in harness
and therefore, she has made an application for appointment on
compassionate ground. After various correspondences ultimately the
request of the petitioner came to be rejected by respondent no.1 vide
communication dated 16/2/2006 on the basis of Notification dated
16/3/2005 of the General Administration Department. Therefore,
present petition has been filed with the aforesaid prayer.
3. The only contention
raised in this petition is to the effect that the petitioner has
preferred application for compassionate appointment 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 Hon’ble Apex Court in the case of
Abhishek Kumar vs. 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 application
for compassionate appointment was made.
4. In the premises
aforesaid, this petition is partly allowed. The impugned
communication dated 16/2/2006 of the respondent-authority 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. Direct service is permitted.
5. 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.)
(ila)
Top