KANTIBHAI CHIMANBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order directing the respondents to give appointment to the petitioner on compassionate ground on any Class III and Class IV posts. By way of amendment, the petitioner has challenged the order/communication dated 6/8.9.1995 rejecting the petitioner's request for an appointment on compassionate ground.

(2.) IT is the contention on behalf of the petitioner that the father of the petitioner was serving in the Government Department and he expired on 18.6.1990 leaving behind his family in distress condition. It is submitted that the family received an amount of Rs.41,910/ - by way of gratuity and an amount of Rs.32,265/ - by way of group insurance. They were also getting the pension, which was at the relevant time, Rs.635/ - plus permissible D.A. It is the contention on behalf of the petitioner that the petitioner made an application to the concerned authority in the month of January 1994 for an appointment on compassionate ground and the petitioner received the communication Annexure B by which, the petitioner was directed to furnish certain information. It is further submitted that inspite of the above and inspite of the fact that the father of the petitioner died as far back as on 18.6.1990, the petitioner was not appointed on any Class III or Class IV posts on compassionate ground and therefore, the petitioner has preferred the present special civil application.

(3.) IT appears that during the pendency of the present special civil application by impugned communication, the petitioner was informed that the case of the petitioner will not fall within the income criteria and therefore, the application was rejected.