LAWS(GJH)-2006-9-17

GANESH GAJAJI KOLI BHIL Vs. STATE OF GUJARAT

Decided On September 29, 2006
GANESH GAJAJI KOLI BHIL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard the learned Advocate, Mr. B.A. Vaishnav, appearing on behalf of petitioner and learned AGP, Mr. Dabhi, appearing on behalf of respondent No. 1 and 2.

(2.) The petitioner has challenged the order dated 27.09.2005, wherein, the respondent has taken the decision that petitioner is not entitled for the compassionate appointment on the ground that petitioner is not having requisite qualification as per the Government Resolution dated 16.3.2005 for the appointment in the post of class IV. The respondent has come to conclusion that petitioner is not possessing SSC educational qualification and, therefore, compassionate appointment cannot be offered to the petitioner.

(3.) The brief facts of the present petition are that the father of the petitioner was working as Class-IV Painter with the respondent at Ahmedabad. The father of the petitioner died on 18.1.2005 after completing more than 32 years' service. In view of the policy framed by the State of Gujarat to give compassionate appointment to the dependent of such deceased employee, the petitioner had applied on 17.2.2005 for compassionate appointment. His application was forwarded by respondent No. 2 to the Gujarat Subordinate Services Selection Board on 24.3.2005. The case of the petitioner was rejected only on the ground that the petitioner is not possessing the requisite qualification as per Notification dated 16.3.2005, as the petitioner has not passed Std.X (SSC). That is how, the present petition is filed.