NIKHILKUMAR INDRAVADANBHAI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has prayed for a direction directing the respondents to consider the case of the petitioner for compassionate appointment without considering the income of the family pension.

(2.) The mother of the petitioner serving as Primary Teacher , expired on 01.06.2000. On 18.8.2000 the petitioner requested the respondent authority to give compassionate job to the petitioner. After various correspondences the said request came to be rejected by communication dated 8.10.2002 on the basis of the notification of 10.3.2000 , that the application is not accordance with the prevailing the rule and regulation. Against the said decision the present petition has been filed.

(3.) There is no dispute that the request for compassionate appointment was rejected in the 2002. However, the petitioner has approached this Court only in the year 2010 I.e. after a delay of about 8 years. There is no explanation forthcoming for the inordinate delay in approaching this Court. It is required to be noted that the purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the breadwinner in the family. Such appointments should, therefore, be provided immediately, to redeem the family in distress. The delay on the part of the petitioner shows that there was no crisis in the family, otherwise the petitioner would have approached this court without any delay. Further, the authority cannot grant compassionate ground ignoring the rules and regulations.