LAWS(GJH)-2023-4-389

VIJAYBHAI PUNJABHAI PARMAR Vs. TALUKA DEVELOPMENT OFFICER

Decided On April 10, 2023
Vijaybhai Punjabhai Parmar Appellant
V/S
TALUKA DEVELOPMENT OFFICER Respondents

JUDGEMENT

(1.) This petition is filed seeking directions to the respondent authorities to decide the application dated 20/28/9/2007 and reminder letter dtd. 22/12/2022, wherein the petitioner has prayed for lumpsum compensation in lieu of compassionate appointment.

(2.) The facts in brief are as under:- The father of the petitioner No. 1 and husband of petitioner No. 2 was appointed as Chowkidar in the establishment of respondent No. 2. He was subsequently promoted and posted as peon with the office of respondent No. 1 and died while in service on 27/1/1992. It is the case of the petitioners that at the time of death of the Government servant, the petitioner No. 1 was minor and therefore could not apply for compassionate appointment with the respondent authorities. Thereafter, upon attaining the age of majority i.e. on 20/28/9/2007, the petitioner No. 1 preferred an application to respondent No. 2 requesting to grant compassionate appointment. The said application is annexed at Annexure-B. Since, the application of the petitioner No. 1 has not been considered by the respondent authorities, present petition is filed.

(3.) Heard learned advocate Mr. Vishal Mehta for the petitioners. He submitted that the petitioner No. 1 upon attaining the age of majority on 20/28/9/2007, preferred an application requesting to grant compassionate appointment. A No Objection Certificate from petitioner No. 2 was obtained and filed for grant of compassionate appointment in favour of petitioner No. 1. Thereafter, a reminder letter dtd. 22/12/2020 was addressed, despite that no response is received till today. He therefore submitted that his application/ representation may be decided for compassionate appointment or lumpsum compensation, in accordance with law.