YATRIK VINODRAI PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for compassionate appointment or lumpsum compensation in lieu of compassionate appointment as per Government Resolution dtd. 5/7/2011.

(2.) It is the case of the petitioner that father of the petitioner was working as Assistant Teacher with the Respondent No.4 - School since 2/9/1985. He expired on 18/7/2002 while on service. In view of death of the father of the petitioner on 18/7/2002, the petitioner made an application for compassionate appointment on 3/10/2002 within prescribed time limit of six months. However, at the time of death of father of the petitioner, the petitioner was minor and, therefore, he was not entitled to get compassionate appointment and hence his case could not be considered.

(3.) Learned advocate Ms.Hingorani vehemently submitted that the petitioner was minor at the time when father of the petitioner died and attained the majority in the year 2006. On attaining the majority, he applied for compassionate appointment but his application was rejected on the ground that he did not possess the qualification of CCC certificate. She submitted that in fact the petitioner obtained the CCC certificate in October-November, 2006 on successful completion of the course and, therefore, the the application of the petitioner for compassionate appointment was rejected on wrong ground. Actually, grounds put forward by the authority while rejecting the application for compassionate appointment of the petitioner in the year 2006 was not on the basis of any reason which may justify the rejection for the reason that the petitioner had already obtained CCC certificate in October-November, 2006 and, therefore, the authority committed grave error at the relevant point of time by not extending the benefit of compassionate appointment in favour of the petitioner.