MANOJBHAI DAHYABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard learned advocate Mr. Hardik B. Shah appearing on behalf of High Court Legal Services Committee for the petitioner.

(2.) THIS writ petition has been filed challenging vires of Circular No. STC -102009/869/GH dated 17.5.2014 as ultra vires to Article 21 of the Constitution of India. Learned counsel for the petitioner has urged that right to livelihood of the petitioner which is guaranteed under Article 21 of the Constitution of India has been violated and the respondents are not providing appointment to the petitioner on compassionate ground though father of the petitioner who was working as driver in Gujarat State Road Transport Corporation till 1.11.1995 but was declared unfit due to suffering from renal disease (kidney failure) and he expired on 7.11.1999. At the time of death of the father, the petitioner was minor. However, after becoming major, the petitioner made an application to the respondents on 22.11.2002 but no action was taken on the application of the petitioner. After about more than 12 years, the petitioner has filed this successive writ petition through High Court Legal Services Committee claiming appointment or in lieu thereof claiming compensation as provided by the aforesaid Circular which is challenged to be ultra vires. So far as vires of the Circular is concerned, it provides that within a period of six months, an application has to be filed claiming monetary compensation in lieu of appointment from the respondents. Since the petitioner was minor, he could not claim monetary relief. Further in the year 2002 also he could not claim any monetary relief as this Circular was issued by the State Government on 5.7.2011. Even then the petitioner did not claim any compensation. Learned counsel for the petitioner has urged that as and when the applicant approaches the authority within a reasonable time, his application should be entertained and benefit of Circular dated 5.7.2011 should be given. We do not find any merit in this contention as the impugned Circular has clearly provided that application has to be filed within a period of six months from the date of death of the employee. There is no illegality in fixing the time limit in the Circular and it cannot be contended that the Circular violates Article 21 of the Constitution of India.

(3.) IT is pointed out that the petitioner has filed Special Civil Application No. 6072 of 2012 which was dismissed by learned Single Judge on 29.6.2012 by the following order: