PADALIYA ASHOKBHAI RAMJIBHAI Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) THE petitioner has sought compassionate appointment and based his claim on the order dated 14.9.2007 of this Court in Special Civil Application No.23661 of 2007 wherein it was observed that income of the family cannot include the pensionary or retirement benefits received by the widow from the department. Even after such order in favour of the petitioner, the impugned order denying compassionate appointment to the petitioner was made on 08.01.2008 and that has now been brought under challenge. Learned A.G.P. submitted that the impugned order is made in consonance with the policy of the Government for granting compassionate appointment, after taking into account the observations made, as aforesaid, by this Court. Under the circumstances, learned counsel Mr.N.S.Sheth heavily relied upon the aforesaid previous order of this Court in the petitioner's own petition. It was, however, seen from the said order that the Court observed in the same breath that the respondents therein were directed to reconsider the case of the petitioner and examine, as per the policy prevalent at the relevant time, within three months. THE Court also clarified that the previous petition was disposed without expressing any opinion on merits of the matter. In view of such observations, the respondent appears to have correctly and properly applied the policy in its letter and spirit to the case of the petitioner. Thus, no ground having been made out to interfere with the order made in terms of the policy prevalent at the relevant time, the petition is dismissed and Rule is discharged with no order as to costs.