BHAVESH KANTILAL KADECHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has preferred this petition for the following reliefs:

(2.) THE petition has a chequered history. The petitioner's father namely Kantilal Narbherambhai Kudecha died in harness on 26.02.2005, while he was working as Acharya in Dairy Primary School, Kalavad, DistrictJamnagar. Thereafter on 15.03.2005 the petitioner made representation/application for compassionate appointment. The representation/ application of the petitioner came to be rejected by respondent No.2 vide communication dated 16.09.206 on the ground that petitioner did not possess requisite educational qualification. Though the application of the petitioner for compassionate appointment was rejected on 16.09.2006, the petitioner did not take any steps till 2008 when he filed a petition being Special Civil Application No.12410 of 2008 in this Court to challenge rejection of his application. The said petition came to be decided on 10.10.2008 and the respondents were directed to consider the application of the petitioner within a period of four weeks from the date of receipt of the writ of the order, on the basis of the scheme, which was prevailing on the date of making of the application. Once again the respondents rejected the request of the petitioner for compassionate appointment vide communication dated 28.11.2008 on twin ground viz. lack of requisite educational qualification and economic condition of the family of the petitioner. This decision of the respondents is the subject matter of challenge in this petition.

(3.) ON the other hand learned AGP Mr. Soni, has contended that the application of the petitioner for compassionate appointment is twice rejected and now the petitioner cannot be permitted to reagitate the issue since it is finally decided by the authority. He has further contended that the concerned authority has properly followed and implemented the order of this Court and the ground of economic condition of the family of the petitioner is mentioned as an additional reason beside the lack of requisite educational qualification of the petitioner for not giving compassionate appointment to the petitioner. Therefore, it cannot be said that the respondents have not followed the order of this Court in its true spirit. He would urge that there is no substance in the petition and it may be dismissed.