MANOJ L ABHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus or any other writ, order, or direction, directing the respondents to appoint him forthwith on compassionate ground as per the policy of the Government. The petitioner has challenged the inaction of the respondents for not giving employment to the petitioner on compassionate grounds on account of death of his father who was in the employment of the respondent No.2 and died during his employment with the respondents.

(2.) The brief facts, as stated in the petition, are that the petitioner's father, namely Liladharbhai Jamnadas Abhani was serving as a Senior Clerk in the G.P. High School, Mendrada, and after putting continuous service of more than 15 years, the petitioner's father expired on 2-1-1982 while he was in the employment. At the time of death of the petitioner's father, the petitioner was minor and hence he was not entitled to get the employment in place of his father. The petitioner however made an application on attainment of majority on 16-12-1988 for accommodating him in the employment.

(3.) The petitioner has further stated in the petition that at the time of death of his father, he was staying with his mother and two younger brothers. It was further stated that the petitioner's mother was illiterate and she could not be absorbed in place of the petitioner's father. The petitioner's family was very poor and he being the eldest son the entire responsibility of maintaining the family was cast upon him after the death of his father. Under adverse circumstances he completed his studies upto SSC in 1986 and after being eligible for employment he made an application in the prescribed proforma.