CHITRABEN ALIAS GAURANG KUMAR JOSHI Vs. SECTION OFFICER

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to direct the respondent-authorities to consider her case for compassionate appointment.

(2.) The facts in brief are that the husband of the petitioner, who was serving under respondent no.2-authority, died in harness on 13.06.2006. On 17.07.2006 the petitioner applied before respondent-authority requesting to grant her appointment on compassionate grounds. However, her application was rejected. Therefore, the petitioner had preferred S.C.A. No.30218/2007 before this Cour, which came to be rejected. Against the said order, the petitioner had preferred Letters Patent Appeal, wherein, the Division Bench had issued certain directions to the respondent-authority. Pursuant to the above, respondent no.2, vide letter dated 10.07.2008 and respondent no.1, vide letter dated 30.07.2008, rejected the application of the petitioner on the ground that no further directions are required to be passed. Thereafter, the petitioner received letter dated 27.10.2008 addressed to the Deputy Secretary of Legal Department, State of Gujarat informing that necessary action be taken as per the directions issued by this Court. However, till today, no action has been taken. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The application of the petitioner requesting to appoint her on compassionate grounds was made on 17.07.2006. However, it appears that the respondent-authority has rejected her application on the basis of the policy, which had come into effect after the date of the said application. In other words, the application of the petitioner was not considered on the basis of the policy which was prevailing at the relevant point of time. Hence, in the interest of justice, it would be appropriate that the respondent-authority considers the case of the petitioner afresh on the basis of the policy that was prevailing at the relevant point of time.