SIRAJ HUSSAINBHAI JESANI Vs. DIST DEVELOPMENT OFFICER

JUDGEMENT

(1.) WE have heard Mr.V.B.Malik, learned counsel for the appellant, Mr.H.S.Munshaw, learned counsel for respondent Nos.1 and 2 and Mr.R.B.Gogia, learned counsel appearing for respondent No.3.

(2.) APPEAL is admitted. Mr.H.S.Munshaw, learned counsel for respondent Nos.1 and 2 and Mr.R.B.Gogia, learned counsel appearing for respondent No.3, respectively waives service of notice of admission.

(3.) THE father of the appellant orig.petitioner was working with the respondent as a Valveman. He died in harness on 17.10.2003 and he was to retire on 30.11.2003. An application was made by the appellant on 13.11.2003 claiming appointment on compassionate ground. THE application for compassionate ground was rejected by the respondent Padhdhari Gram Panchayat Office by order dated 27.2.2009 on the ground that the Gram Panchayat is not competent to give appointment to the petitioner on compassionate ground only and if the Government directs the Gram Panchayat to appoint the appellant on compassionate ground, then only the appellant could be appointed. Hence, the Gram Panchayat has nothing to do with the application filed by the appellant for compassionate appointment. Moreover, since the father of the appellant expired almost at the end of superannuation period, the appellant was not entitled for compassionate appointment.