RAJENDRA DHIRAJLAL GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Dabhi, learned AGP waives notice of rule. With the consent of the parties the matter is taken up for final hearing today.

(2.) The short facts of the case are that the father of the petitioner was serving as Head Constable in Police Department and he died on 19-12-1988 while in service. At the time when the father of the petitioner had expired, the petitioner was minor. The wife of the employee, namely, the mother of the petitioner made an application for compassionate appointment in April 1998, on behalf of the petitioner, which came to be rejected on the ground that the application was made after the expiry of the period of five years. The petitioner attained majority on 22-6-1998 and he applied on 21-9-1998 for compassionate appointment. The application of the petitioner is also rejected on the ground that the application is not made within a period of five years by the wife of the deceased for consideration of the case for compassionate appointment of the petitioner.

(3.) Mr.Supehia, learned Counsel appearing for the petitioner has placed reliance upon the Circular dated 7-6-2000 issued by the General Administration Department of the State Government providing details of the time limit in the respective categories. It has been submitted that as per the said Circular even if Item No.2 is taken into consideration then also within a period of one year, the application is to be made from attaining the majority, which admittedly has been done by the petitioner herein. Therefore, it has been submitted that the rejection of the application on the ground of time limit is illegal and deserves to be quashed and set aside.