SATISHKUMAR R PATEL Vs. D

JUDGEMENT

(1.) Rule was issued by this Court on 7-4-2000 makingreturnable on 13-4-2000. Earlier this Court had issued notice on 20-9-1999, which was made returnable on 8-10-1999. The respondents were served with the same. At the time of issuance of rule, direct service was permitted and an affidavit is filed to the effect that the same is served to the respondents. Thus, respondent No. 1 and stand duly served while for respondent No. 3, Mr. S. P. Hasurkar, learned Additional Government Pleader appears and on his behalf, Mr. Digant P. Joshi, learned Asstt. Government Pleader is present before this Court.

(2.) The present petition is filed by the petitioner seeking appointment on compassionate grounds. It is the case of the petitioner that by an order dated 24-5-1999, which is at Annexure 'A', page 9, the petitioner is denied appointment on compassionate grounds. It is stated in the said order that the application of the petitioner cannot be considered by the authorities as the petitioner is residing separately from the family of the deceased. A draft amendment was moved on 20-9-1999 by the learned Advocate for the petitioner, which was granted on the same day and was carried out on 21-9-1999. Para 5(a) thereof reads as under :

(3.) An affidavit is filed on behalf of respondent No. 3. It is mentioned in para 5 of the said affidavit that the "the petitioner's case was considered for compassionate appointment, and it was found on investigating the factual circumstances of the case of the petitioner that at the time of death of his father, he was living separate from the family." In para 6 of the said affidavit it is stated that, ".. .since the petitioner was living separate at the time of death of his father, it cannot be said that the petitioner is surviving bread winner for the family of the deceased." It is also stated that, "The fact that the petitioner is now started living with jointfamily, would not entitle him to claim appointment on the compassionate ground."