BHARATBHAI JILUBHAI LALU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant has challenged an oral order dtd. 27/8/2021 passed by the learned Single Judge in Special Civil Application No. 11690 of 2021 by which the learned Single Judge has refused to entertain the captioned petition filed by the present appellant for appointment on compassionate ground since the petition was filed after a period of 21 years.

(2.) It is an undisputed fact that the father of the present appellant, who was working as a driver with the Armed Sec. , Police Department, Junagadh District passed away on 9/4/2000. The mother of the appellant herein did make an application dtd. 26/4/2000 for appointment of the present appellant on compassionate ground to the concerned authority and requested the respondent authority that when the appellant attains the age of majority, he may be given job on compassionate ground in place of her husband. After attaining majority, the appellant moved an application for compassionate appointment in response to which the respondent authority intimated the appellant to submit requisite documents i.e. mark-sheet of 12th Std. alongwith necessary document of knowledge of computer. The appellant replied to the respondent authority that he has not given examination of 12th Std. but has given examination of 10th Std. Ultimately, the request of the appellant for compassionate appointment was rejected vide communication dtd. 24/1/2008.

(3.) Considering the above facts and the fact that there is delay and laches on the part of the present appellant in fling the petition, we are of the opinion that the learned Single Judge has committed no error in rejecting the captioned petition. We are in complete agreement with the observations made by the learned Single Judge in paragraphs 4 onwards which read thus: