MAYUR GHANSHYAMBHAI UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has brought under challenge the order dated 21.12.2011 whereby his application seeking appointment on compassionate ground has been rejected.

(2.) SO far as the facts involved in present petition is concerned, it emerges from the record that the father of present petitioner, who was in employment with the State Government, died on 6.12.2004 while he was in service. Thereafter, petitioner's mother made an application dated 18.1.2005 seeking appointment on compassionate ground. While the said application was pending for consideration before the competent authority, a notification dated 16.3.2005 was issued under which minimum requirement of educational qualification was prescribed. After the said notification was issued, the application made by present petitioner's mother was taken up for consideration and in light of the condition introduced vide notification dated 6.3.2005, the application was rejected by order dated 24.10.2005. Subsequently, petitioner's mother submitted a request letter dated 18.12.2005 requesting the competent authority to give appointment on compassionate ground to her son, i.e. present petitioner. However, as on the date of the application, the petitioner was minor, and therefore, the said request could not be accepted and consequently, under letter dated 17.10.2006, the said application was rejected. Thereafter, vide letter dated 28.12.2006, the petitioner again made application claiming that he had then become major and therefore, his application may be considered. The said application came to be rejected vide order dated 2.12.2010.

(3.) I have considered the submissions made by learned counsel for the contesting parties and also the record and the policy on which the petitioner has placed reliance.