DALSUKHBHAI HARJIVANBHAI NAGADUKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the orders dated 15.12.2007 and 31.01.2008 passed by the respondent-authority whereby the application of the petitioner for compassionate appointment has been rejected.

(2.) The facts in brief are that the father of the petitioner was working as a Teacher under respondent no.3 and died in harness on 15.01.2007. The petitioner made an application dated 21.02.2007 requesting to grant him appointment on compassionate grounds. However, his application came to be rejected vide order dated 15.12.2007. Thereafter, the petitioner made another application to the respondent-authority requesting to reconsider his case. However, the same was also rejected vide order dated 31.01.2008. Being aggrieved by the same, the petitioner had preferred the present petition before this Court.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The application of the petitioner requesting to appoint him on compassionate grounds was made on 21.02.2007. However, it appears that the respondent-authority has rejected his 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.