RAJESHBHAI SHAMALBHAI VANSOLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition challenges the action of the respondents Authorities of not considering the case of the petitioner for the purpose of compassionate appointment, in the following factual background.

(2.) The petitioner's father joined service as a Teacher on 25th September 1994. His service record was clean and he continued to serve as a Primary School Teacher in the Banaskantha District. Father of the petitioner passed away on 4th September 2006. The petitioner, being the eldest son, on seeking consent of other members of family, made an application for grant of compassionate employment by approaching the respondent No. 2. Such application was preferred within a fortnight of the death of his father ie., on 18th September 2006.

(3.) Vide Order dated 4th December 2008, such request came to be rejected. Such action of the respondent is challenged on the ground that the rejection has come on the basis of the Government Resolution dated 29th March 2007 governing the field on compassionate appointment at the time when decision was rendered, whereas, the Government Resolution which in fact governed the field, when an application was made by the petitioner, was dated 10th March 2000. It is, therefore, urged that the resolution which was not in existence cannot have retrospective effect nor can application be decided on the strength of such resolution. It is averred by the petitioner that no limit of income was prescribed in the earlier resolution, whereas, the subsequent Government Resolution has stated the limit of income of the family, and therefore, the present writ petition under Article 226 of the Constitution of India.