STATE OF GUJARAT Vs. AJAYKUMAR

JUDGEMENT

(1.) This Appeal preferred under Clause 15 of the Letters Patent arises from the order dated 21st September 2007 made by the learned Single Judge in the above Special Civil Application No.24360 of 2007. The matter at dispute is the compassionate employment claimed by the respondent-writ petitioner.

(2.) The writ petitioner Ajaykumar Gajendraprasad Mehta is the son of one Gajendraprasad Mehta. In the year 1979 the said Gajendraprasad was employed as a driver under the Superintending Engineer, Palam Irrigation Circle, Panchmahal. In view of his illness, he was reverted as Chowkidar in Class-IV service. Since his reversion as Chowkidar, he passed away on 14th January 2003. At that time, the writ petitioner was a minor of around 16 years of age. On 10th August 2004, the writ petitioner applied for compassionate employment. As the writ petitioner was still a minor, his application for compassionate employment was not accepted. After attaining the majority, the writ petitioner applied for compassionate employment on 10th March 2005. Under communication dated 8th October 2005, his application for compassionate employment was rejected as it was not made within the specified time.

(3.) Since the rejection of his application on 8th October 2005, the writ petitioner continued to make request for compassionate employment. As his request was not accepted, the writ petitioner approached this Court under Article 226 of the Constitution in the above Special Civil Application No.24360 of 2007.