NILESHKUMAR PRADYUMAN TRIVEDI 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 dated 22.10.2008 passed by respondent no.1 and further to direct the respondents to reconsider his case for compassionate appointment on the basis of the policy prevailing at the relevant time.

(2.) The mother of the petitioner was serving as an Assistant Primary Teacher in the school administered by respondent no.3. She died in harness on 22.02.2001. On 17.04.2001 the petitioner made an application to the respondent-authority requesting to grant him compassionate appointment. However, vide letter dated 13.02.2008 issued by respondent no.1, the petitioner was informed that his application has been rejected. Against the said order, the petitioner had preferred S.C.A. No. 7838/2008, which came to be disposed of vide judgment and order dated 19.09.2008, with a direction to the respondent-authority to consider the case of the petitioner afresh. However, subsequently, the application of the petitioner was rejected vide impugned order dated 22.10.2008. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The mother of the petitioner expired on 22.02.2001 and the petitioner made the application for grant of compassionate appointment on 17.04.2001. It transpires from the record that on the date on which the application for grant of compassionate appointment was made, the petitioner was more than 21 years of age, meaning thereby, that he was in a position to earn his livelihood by himself and was not dependent upon his mother. Keeping in mind the aforesaid facts, the authority below was justified in rejecting the application of the petitioner. Hence, I find no reasons to interfere with the same.