NILESH KUMAR BHOJABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the communication dated 28.03.2010, passed by the respondent No. 3 wherein the application of the petitioner for compassionate appointment is rejected on the ground that the same was not made within prescribed time limit.

(2.) The brief facts of the present petition are that the father of the petitioner namely Shri B.H. Dabhi was working as clerk under the respondent No. 5 and he expired on 26.01.2001 while he was in service. The petitioner was minor at the time of death of his father. The mother of the petitioner applied for compassionate appointment, and she was given temporary appointment. On becoming major, the petitioner made an application dated 06.08.2002 after obtaining consent of his mother and other family members for appointment on compassionate ground. Pursuant to the said application, the respondent No. 5 vide office order dated 01.08.2003 appointed the petitioner on the vacant available post temporarily pending in view of his application for compassionate appointment. The petitioner was continued in service as no decision was taken by the authorities on his application. He was paid fixed pay of Rs. 2500.00 per month.

(3.) By way of impugned decision passed by the Director of Corporation the application of the petitioner was rejected. Learned advocate, Mr. Tanmay Karia appearing for the petitioner has submitted that the impugned decision refers to circular dated 25.04.2008 which would not apply in the case of the petitioner as policy prevailing at the time of death of his father will apply. He has also stated the petitioner continued in service as no decision was taken on his aforesaid application and hence service cannot be put to end.