JIGNESH KHODIDAS GOHIL Vs. UNION OF INDIA

JUDGEMENT

(1.) PER : HONOURABLE MR.JUSTICE A.L.DAVE This petition challenges a decision of the Central Education Tribunal, Ahmedabad rendered in O.A. No.307 of 2004 dated 04.01.2005.

(2.) UPON demise of the petitioner's father, he applied for appointment on compassionate ground. The same was denied considering the financial condition of the family after awarding points as per the prevalent scheme for compassionate appointment and relative merit points issued by Ministry of Defence. The petitioner, therefore, preferred original application before the Tribunal, and the Tribunal also dismissed the original application on the ground that rejection was justified in light of the scheme for compassionate appointment and financial condition of the petitioner even after demise of his father.

(3.) WE also find that if the petitioner does not make out a case as per the scheme, there is no question of giving appointment on compassionate ground, without being considered on merits. The retiral benefits of the deceased, and the family pension received by the petitioner, constituted a reasonably sound financial condition, which would remove the petitioner from the zone of consideration. WE do not find any error to have been committed by the Tribunal. The petition, therefore, is bereft of merit. Petition must fail, and stands dismissed. Rule is discharged. No costs.