NARENDRAKUMAR N NATHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the challenge is against the decision of the respondents, to not to accede to the request for compassionate appointment by the respondent no.1-State of Gujarat.

(2.) At this stage, let there be first a skeleton projection of facts, relevant and material for the purpose of the consideration of the merits of this petition. (i) The petitioner's mother, deceased Raniben was serving on the post of Auxiliary Nurse-midwife under District Panchayat, Bharuch. (ii) She had divorced her husband who happens to be the father of the petitioner. (iii) Raniben remarried and despite that the petitioner was staying with the deceased, where she was working and was dependant on her, as per the case of the petitioner. (iv) Petitioners mother died while in service on 16/10/1979. At that time, the petitioner was minor and on attaining majority, he applied for compassionate appointment. (v) Since the respondents were not considering his claim for compassionate appointment, he filed writ petition being Special Civil Application No.338/86. (vi) The said first petition was disposed of with a direction to decide the representation awaiting consideration at that time. (vii) Upon direction, the respondent authority considered and rejected the representation, and, therefore, the petitioner was prompted to file second writ petition, being SCA 3891/86. It was also rejected by this Court and was confirmed in Letter Patents Appeal No. 124/87 with a direction to consider the question of giving compassionate appointment afresh.

(3.) It is in this context thereafter the respondent-authority rejected, the representation of the petitioner on 28/3/94, and, therefore, again this third round of litigation of invocation of extraordinary, planery, equitable, discretionary powers of this Court for the issuance of the writ or any direction.