SIDDHRAJ JETHABHA MANEK 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 orders dated 29.08.2006 and 28.04.2008 passed by the respondent-authority and further to direct the respondents to grant him appointment on compassionate grounds.

(2.) The father of the petitioner was serving as a Driver in the Office of respondent no.2 and died in harness on 24.03.2004. On 21.04.2004 the petitioner made an application to the respondent-authority to grant him appointment on compassionate grounds. However, the said application was rejected vide order dated 29.08.2006. Thereafter, the petitioner made another representation to the respondent-authority to reconsider his case. However, the same was rejected vide order dated 28.04.2008. Hence, this petition.

(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 21.04.2004. However, it appears that the respondent-authority has rejected the said 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.