PATEL VIJAYKUMAR KHEMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has prayed for a direction to the respondents to consider his case for compassionate appointment. According to the petitioner, father of the petitioner passed away on 19.02.1993 and after attaining the age of majority, the petitioner applied for compassionate appointment in the year 1996. He also declared on Stamp Paper that he was entitled to be appointed on compassionate grounds and also submitted several documents to show that he was living separately from his mother and elder brother. He also seems to have approached many Government officials at higher levels.

(2.) HOWEVER , according to the affidavit filed on behalf of respondent No.2, the petitioner appeared to have suppressed material facts of rejection of his application by order dated 04.09.1997. His application for compassionate appointment was rejected on the ground that it was time-barred and that his income was more than the prescribed limit and he was otherwise, not eligible or entitled to compassionate appointment. In fact, his father has died on 19.02.1993, leaving behind his wife and two sons and at the relevant point of time, the petitioner was aged about 15 years, while his elder brother was aged about 17 years. It is also averred on oath that the petitioner was in fact residing together with his mother and brother, who had already secured appointment as Primary Teacher. Thereafter, separate residence was sought to be shown on the basis of a separate Ration Card, which was issued only on 21.02.1997. Thus, in the above facts and in absence of reliance upon any particular provision of the scheme for compassionate appointment, the petition is liable to be dismissed.