ANAND TUKARAM KALGUDE Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) Ms. Sushma Shah, learned advocate for the petitioner, submits that the petitioner's father died while in service and, therefore, the petitioner was appointed on compassionate ground vide order dated 1/3.10.2002. This appointment was of-course made by the Principal, L.D. Engineering College, Ahmedabad. However, vide order dated 2.12.2002, the Director of Technical Education informed the Principal of L.D. Engineering College that the application of the petitioner was not acceptable for appointment on compassionate ground. Being aggrieved by the same, the petitioner has preferred this petition.

(2.) Ms. Sushma Shah, learned advocate for the petitioner, has submitted that the petitioner's father had served the respondent for more than two decades and, in fact, the father of the petitioner was constrained to move a petition, being Special Civil Application No.10377 of 1996, wherein this Court [Coram: S.K. Keshote, J. (as he then was)] was pleased to direct the respondents to pass reasoned order for according the benefit of regularization. Pursuant to the said order, the respondent issued an order dated 30.5.2000 appointing the petitioner's father alongwith others as Hamal on ad-hoc basis on condition that they were to be regularized on proving their suitability for the post. Pursuant to this order, the petitioner's father had been appointed as Hamal and he drew his salary in the prescribed scale.

(3.) The respondents have not considered these factors and, therefore, the petitioner is deprived of his right flowing from the policy of offering compassionate appointment to the dependent of the Government employee died in harness.