HIMANSHU JAISINH DUTT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Tirthraj Pandya, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents. The petitioners have preferred this petition under Articles 226 and 227 of the Constitution of India against the order dated 30.10.2014 passed by the respondent No.2 vide which the application moved by the grand-mother of the minors for compassionate appointment has been rejected.

(2.) Facts giving rise to filing this petition are that, father of the petitioners while working as a Peon with the Director of Agriculture Department, died on 11.08.2004. At the time of death of the father of the petitioners, the petitioners were minors. As the petitioner No.1 was aged about 8 years and his sister i.e. petitioner No.2 was aged about 10 years, the grand-mother of the petitioners addressed a letter dated 05.10.2004 to the respondent No.2 stating that after death of the father of the petitioners, she is taking care of the petitioners and as she is taking care of the petitioners and the petitioners who are minors, be given compassionate appointment when they attain the age of majority. A copy of the said letter is annexed herewith to this petition as Annexure-D.

(3.) The petitioners stated that in response to this letter, respondent No.2 vide its letter dated 15.10.2004 asked the grand-mother of the petitioners to fill the requisite forms and accordingly the forms were filled. All the required certificates along with the other forms were supplied to the respondents.