KALPESHKUMAR AMRUTBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order passed by the respondent-authority at Annexure-E to the petition and further to direct the respondents to grant him appointment on compassionate grounds.

(2.) The father of the petitioner was serving as a Head Teacher in the Primary School and died in harness on 24.05.2005. On 01.07.2005 the petitioner made an application to the respondent-authority to grant him appointment on compassionate grounds. The petitioner was informed by letter dated 11.08.2008 issued by respondent no.3 that his application for compassionate appointment has been rejected. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The application of the petitioner requesting to grant him compassionate appointment was made on 01.07.2005. However, it appears that the respondent-authority has rejected the said 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.