STATE OF GUJARAT Vs. RAJENDRAKUMAR JASHWANTKUMAR PARMAR

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is directed against the order dated 11.12.2008 passed by learned Single Judge of this Court in the petition preferred by respondent No.1 under Article 226 of the Constitution of India seeking direction to the appellants to appoint him on the post of Peon in the respondent No.2 school (original respondent No.4) on compassionate appointment.

(2.) Learned Single Judge has held that in view of the decision dated 4.7.1992 rendered in Special Civil Application No.5365 of 1992 and allied matters [in the case of Satyendrakumar Parbatsinh Zala Vs. Secretary, Educational Department, Gandhinagar and Others, 1993 1 GLR 364 the application of respondent No.1 is required to be considered. Learned Single Judge directed the respondent No.2 to appoint respondent No.1 as Peon and also give him notional increments from 4.6.1992, i.e. from the date on which the petition was admitted and ad -interim relief was granted.

(3.) It appears that the policy dated 4.7.1988 for compassionate appointment to the dependent of the employee serving in Non - Government Secondary and Higher Secondary Schools provided for non -consideration of the cases of the dependents of the employees after a period of five years from the date of death of said employee. It appears that amendment was made in the above -said policy so as to provide that the policy shall apply to the dependents of the employees who died during the period of five years preceding the date of the above -said policy.