JESHINGBHAI RALJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The central issue to be addressed in this Letters Patent Appeal arising from judgment and order dtd. 28/6/2022 of learned single Judge, is whether while considering the case of compassionate appointment, the set of rules in vogue at the time of making application for compassionate appointment would be applicable, or the policy prevalent at the time when the application is actually considered for the purpose of grant of benefit, would apply.

(2.) The prayer in the main petition was to set aside the decision of respondent No.2 - Superintending Engineer, Road and Building Department, denying the petitioner the compassionate appointment. The petitioner was offered lumpsum compensation as per the new policy.

(3.) The father of the petitioner was an attendant in the office of the respondent Executive Engineer. He died on 22/10/2010 while in service. The petitioner who was legal heir of the deceased employee made an application on 30/11/2010 for appointment on compassionate ground. It was forwarded and processed in the department. It was then also forwarded to the Gujarat Public Service Commission, which finally passed order dtd. 29/9/2011 granting the benefit of lump-sum compensation to the petitioner.