BHARATENDRANATH SURYANATH RAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal is filed by the appellant - original-petitioner under Clause 15 of Letters Patent, against the order and judgment passed by the learned Single Judge of this Court on 6.3.2002 in Special Civil Application No. 12474 of 2001 whereby the appellant's prayer for compassionate appointment in respondent Corporation was not granted and the petition was dismissed.

(2.) The brief facts, giving rise to the present Letters Patent Appeal, are that the first appellant's father, who was serving with the respondent Corporation as Electrician Grade-I died on 26-3-1999 while he was in service. The appellant No.1, therefore, moved an application requesting the respondent Corporation to grant him an appointment on compassionate ground. The said application was moved on 13-5-1999. However, the respondent Corporation has not given any appointment on compassionate ground and therefore several representations were made by the appellant and ultimately by an order dated 29th August 2001 the appellant was informed that the respondent Corporation has discontinued the policy with regard to giving appointment on compassionate ground and had decided to give certain financial help to the legal heir of the employee who died in service.

(3.) Being aggrieved by the said decision of the respondent Corporation, the appellant has filed Special Civil Application No. 12474 of 2001, inter alia, contending that the appellant was meted out a step-motherly and discriminatory treatment and that the earlier policy, contained in Resolution No. 3180 of 12th August 1994 which was in existence at the relevant point of time when the application for compassionate appointment was made, was applicable and binding to the respondent Corporation and hence the appellant's case was governed by the said Resolution. However, the appellant's claim was rejected in view of the new Resolution No. 3752 of 13.7.2001 which came into effect subsequently with no retrospective effect.