HARSH KAUSHIKKUMAR BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed for the following prayers.

(2.) The first prayer would indicate that the petitioner is seeking a direction for compassionate appointment, whereas the another prayer pertains to grant of monetary benefits, as per the Government Resolution dtd. 5/7/2011.

(3.) The father of the petitioner - Kaushikkumar Dasrathbhai Barot was working as a Police Constable in the Home Department of the Government of Gujarat. He died on 16/11/2004 due to heart-attack. Accordingly, the mother of the present petitioner - Jignaben, since she was not 10 th Standard passed, which is minimum requirement as per the Government Resolution for qualifying for compassionate appointment, was denied appointment on the compassionate ground by the respondent vide communication dtd. 24/1/2006. Thereafter, she again applied for compassionate appointment on 12/6/2006, which was also denied by the communication dtd. 8/1/2008 by the respondent No.2. Thereafter, on introduction of the lump sum monetary assistance scheme vide Government Resolution dtd. 5/7/2011, the mother of the petitioner again applied for the same. The same was refused by the communication dtd. 13/12/2011 by assigning the reason that since she is not qualified for compassionate appointment, no monetary assistance can be given as per the Government Resolution dtd. 5/7/2011. It is the case of the petitioner that he was only 4 years of age, when his father passed away. Now since he has matured and passed higher secondary examination in the year 2017, he would be entitled for compassionate appointment.