NANJIBHAI KARSANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner has prayed for quashing and setting aside the impugned decision dated 26.09.2007 passed by respondent No.3, rejecting the claim of the petitioner for compassionate appointment in place of his deceased father.

(2.) The brief facts of the case culled out from the record of the petition are that : the father of the petitioner died on 04.07.1991 while he was in service with the respondents. At that relevant point of time the petitioner was minor and after attaining the majority, he moved an application dated 21.06.2000, along with the requisite documents to respondent No.3 for getting appointment on compassionate ground under the relevant Government Circulars dated 10.03.2000 and 07.09.2002 issued by respondent No.1. It is the case of the petitioner that since he is possessing the requisite educational qualification i.e. 12th Std., he is eligible for getting appointment as Class IV employee, pursuant to the aforesaid Government Resolutions. It is also the case of the petitioner that he has cleared the computer examination from Dr.Baba Saheb Ambedkar Open University on 30.11.2005, as prescribed by the respondent authorities. It is the case of the petitioner that family of the petitioner consists of three sisters and aged mother and the petitioner belongs to Scheduled Caste and Physically handicapped person, a copy of the certificate issued by Civil Surgeon, Civil Hospital, Mehsana dated 28.09.2004 is also produced on record to substantiate his case.

(3.) On receipt of the relevant documents and information from respondent No.3 on 05.08.2000, a decision was taken by the concerned authority that since the family income of the petitioner exceeds the prescribed limit, the petitioner is not entitled for getting appointment on compassionate ground in place of his deceased father.