BUDHABHAI A CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order dated 20.06.2007 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 Watchman and died in harness on 29.11.2001. On 30.12.2001 the petitioner made an application to the respondent-authority requesting to grant him appointment on compassionate grounds. However, his application was rejected. Pursuant to the directions issued by this Court in S.C.A. No.5994/2007, which was preferred by the petitioner against the order rejecting his application for compassionate appointment, his application was again rejected by the respondent-authority vide impugned order dated 20.06.2007. 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 30.12.2001. 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.