SIRAJAHEMAD NURMOHAMAD GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the orders dated 07.08.2009 passed by the respondent-authority whereby the applications of the petitioners for compassionate appointment have been rejected.

(2.) The facts in brief are that the fathers of the petitioners herein died in harness on 27.04.2004 and 03.10.2006 respectively. Pursuant to the above, the petitioners herein made applications dated 04.10.2004 and 09.10.2006 respectively to the concerned respondent-authority requesting to grant them appointment on compassionate grounds.

(3.) However, vide orders dated 17.07.2008 and 15.03.2008 respectively, their applications for appointment on compassionate grounds came to be rejected. Being aggrieved by the same, the petitioners herein preferred Special Civil Application Nos.13473/2008 & 13474/2008 respectively before this Court. The said two petitions came to be disposed of by this Court with a direction to the authority concerned to consider the case of the petitioners on the basis of the prevailing policy. However, subsequently, the applications of the petitioners again came to be rejected. Hence, these petitions. 3. Heard learned counsel for the respective parties and perused the documents on record. The applications of the petitioner requesting to appoint them on compassionate grounds were preferred on 04.10.2004 & 09.10.2006 respectively. However, it appears that the respondent-authority has rejected their applications on the basis of the policy which had come into effect after the date of the said applications. In other words, the applications of the petitioners were not considered on the basis of the policies 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 petitioners afresh on the basis of the policies which were prevailing at the relevant point of time.