STATE OF GUJARAT Vs. HARJIBHAI BABUBHAI PARMAR

JUDGEMENT

(1.) ALL these appeals filed under Clause 15 of the Letters Patent are against the oral order passed by learned Single Judge allowing the petitions filed by the respondents and directing the appellants to decide the applications for compassionate appointment as per the policy prevailing when such applications were made.

(2.) LEARNED Single Judge has held that the policy prevailing at the time of making applications by the respondents (original petitioners) in the respective appeals for compassionate appointment can be applicable to their cases instead of the policy prevailing at the time of taking decision on such application.

(3.) IN Letters Patent Appeal No. 2476 of 2009, the respondent applied for compassionate appointment on 8.3.2001. In respect of such application, the appellant No. 1 State did not accept the proposal for compassionate appointment under the impugned order dated 27.10.2005 by relying on the Recruitment Rules dated 16.3.2005 which required the qualification of SSC. It is the case of the respondent that his application was required to be considered as per the rules prevailing for Class -IV post when the application for compassionate appointment was made and if so considered, the respondent was eligible to be appointed on Class -IV post.