SHAILENDRASINH AMSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to the filing of Civil Application No. 3750 of 2006 by the petitioner for fixing the matter for final hearing, said civil application was notified before this Court with papers of the main matter. However, with the consent of the learned Advocates for the parties, in the peculiar facts of this case, the main matter was taken up for final hearing today.

(2.) Heard learned Advocate Mr. H.H. Joshi for the petitioner and Mr. LB Dabhi, learned AGP for the Respondents.

(3.) As per the facts of the case of the petitioner, Shri Ramsinh N. Chauhan, father of the petitioner was serving as PSI in the Department of the Respondents at Dhrafa Police Station and worked in the department for more than 30 years. Father of petitioner died on 7.12.2000 while in service. At that time, petitioner was aged about 19 years. Date of birth of the petitioner is 20.7.1981. According to the petitioner, after performing the after-death ceremony and after the petitioner and his mother recovered to some extent from the shock of his father's death, petitioner applied for appointment on compassionate ground vide application dated 21.6.2001 in response to which, the petitioner had received one communication dated 26.7.2001 from the office of the respondent NO. 3 informing him that since his application was incomplete, he should personally visit the office of respondent NO.3 within seven days. Thereafter, office of respondent no.3 requested the Mamlatdar, City, Jamnagar by letter dated 23.8.2001 for providing Pedhinama, certificate regarding movable/immovable assets and certificate of the particulars of source of income of the family of petitioner. It was also inquired by the respondents as to whether the mother of the petitioner has remarried or not and such inquiries were satisfied by the petitioner. Thereafter, according to petitioner, respondent NO. 1 by letter dated 23.8.2001, asked the PSI Police Head Quarters, Jamnagar to obtain the measurement of the chest of the petitioner, his height, weight etc. for processing the application of the petitioner for compassionate appointment as police constable. Thereafter, petitioner was informed by respondent no.3 vide letter dated 27.12.2002 that his application was forwarded to the Gujarat Gaun Seva Pasandagi Mandal by the Gandhinagar Office. According to thep etitioner, after death of his father, there is nobody to look after his family, therefore, he was expecting that his application for compassionate appointment will be considered positively by the respondents but he was informed vide letter dated 5.5.2003 that as his application was beyond six months limitation, same has to be rejected in view of the letter of the Gaun Seva Pasandagi Mandal dated 1.4.2003 and, therefore, his application was rejected on that ground alone. Therefore, petitiner has filed this petition before this Court.