RAMAVAT TRUPTIBEN NAVINPRASAD 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 dated 15.11.2008 and further to direct the respondents to grant her appointment on compassionate grounds.

(2.) The father of the petitioner was serving in Shree Khimaliya Primary School, Jamnagar and died in harness on 26.04.2006. On 22.05.2006 the petitioner made an application to the respondent-authority to grant her appointment on compassionate grounds. However, the said application was rejected vide order dated 15.11.2008 and the petitioner was informed about the same vide communication dated 18.11.2008. Thereafter, the petitioner made another representation to the respondent-authority. However, the same was also 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 appoint her on compassionate grounds was made on 22.05.2006. 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.