RAJIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Ms, Krishna Raval for the petitioner and Mr, Apurva Dave, learned AGP for Respondents,

(2.) Rule. Service of Rule is waived by learned AGP Mr. Apurva Dave on behalf of the respondent authorities. In the peculiar facts and circumstances of the case, the matter is taken up for final hearing with consent of both the learned Advocates.

(3.) Facts of the present petition are to the effect that the husband of petitioner no.1 was permanent employee of respondent, who, after putting service of more than sixteen years, died on 28.4.2001 while in service. His son, petitioner no.2 applied for appointment on compassionate appointment which was rejected on the ground that he has not attained the age as per Government rules. However, it was clarified in the said letter that he can make application as soon as he attains the age of 18 years. Again his application was rejected by the authority on the ground that his earlier application was rejected and on the day of application, he was not eligible for compassionate appointment but if his mother inclines to join the service, she can apply. Petitioner NO.2 clarified his position to the authority but as they were not ready to hear him, petitioner no.1 applied for appointment on compassionate ground. Her application was also turned down on the ground that she is uneducated and hence she does not possess minimum qualification of SSC for the post of peon. Respondent NO.3 herein requested respondent NO.2 to give her appointment as per the GR on the post of sweeper, Paniwala etc. however, respondent no.1 and 2 were not giving the same.