EXECUTIVE ENGINEER Vs. GITABEN

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is at the instance of the original respondents against whom the respondent herein-original petitioner preferred the petition under Article 226 of the Constitution of India seeking to quash and set aside the communication dated 12.7.2007 at Annexure-F whereby the application of the petitioner for compassionate appointment was rejected by respondent No. 1 on the ground that the petitioner was not holding requisite qualification of SSC for Class-IV post as per the notification dated 16.3.2005 notifying the Recruitment Rules for such Class-IV post.

(2.) Learned Single Judge, however, quashed and set aside the said order of the respondent No. 1 and held that the respondent herein shall be entitled for appointment on Class-IV post as per the policy prevailing at the time of making application for compassionate appointment and directed the appellants to pass appropriate order appointing the respondent on compassionate ground within the time stipulated in the order.

(3.) We have heard learned advocates for the parties.