DIVYESHKUMAR ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has prayed for quashing and setting aside the communications dated 26.03.2008 and dated 30.01.2009, wherein and whereby the application of the petitioner for compassionate appointment is rejected on the ground that his family cannot be said to be in pitiable condition since it has received an amount of Rs.4,89,871/after the death of his father and a monthly amount of Rs.5,543/is also being paid as family pension. In the alternative, Mr.Rathod has also submitted that in case his claim for compassionate appointment is rejected then, the case of petitioner may be considered for lump-sum compensation as per new policy framed by Government Resolution dated 05.07.2011.

(2.) The brief facts of the case are that the father of the petitioner was serving as Circle Inspector under Respondent no.2, and he died on 29.12.2005. The petitioner, being one of the dependents made an application on 06.02.2006. By the impugned communication dated 26.03.2008 the case of petitioner is rejected considering the financial status of the family in view of Circular dated 29.03.2007. The mother of the petitioner reiterated the request for appointing the petitioner on compassionate appointment vide letter dated 04.06.2008, which was also rejected by the respondent authorities on 30.01.2009.

(3.) Learned advocate, Mr.Mukesh Rathod appearing on behalf of the petitioner has stated that the income limit criteria will not apply in the case of the petitioner since vide Government Resolution dated 10.03.2000 such criteria are removed.