STATE OF GUJARAT Vs. INAYAT SULEMAN ISMAIL PATEL

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Admittedly, the father of the petitioner died in 1980. At that time, the petitioner was only one year old and, therefore, he was not eligible to be appointed. After attaining the age of majority, the petitioner approached the appellants in 1997 for being appointment. These facts ipso facto show that the right of appointment under Compassionate Scheme is considered as a vested right, which he has not. It is by way of such providence, which is given to the family for immediate need, and in this regard, reliance may be placed on a decision of the Hon'ble Supreme Court in the case of Santosh Kumar Dubey Vs State of Uttar Pradesh and others, reported in 2009 (6) SCC p.481, in which, the Supreme Court has held as under:-

(3.) In the above view of the matter, we do not think that the directions issued by the learned Single Judge are required to be followed by the State. The order of the learned Single Judge requires to be set aside and it is accordingly set aside. The appeal is allowed accordingly.