ASHVINKUMAR VALJIBHAI LAKHATARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order / communication dated 03. 07. 1992 of the respondent no. 3 and to direct the respondents to appoint the petitioner in service on compassionate grounds.

(2.) THE facts in brief are that the father of the petitioner was serving as a Compounder with the respondent no. 4 - Hospital and died in harness on 09. 04. 1981. At that time, the petitioner was a minor aged about 7 years. After attaining the age of a major, the petitioner preferred application dated 30. 11. 1990 requesting the respondent - authority to grant him appointment on compassionate grounds. Thereafter, the petitioner also supplied necessary details / documents as asked for by the respondents. However, vide impugned communication / decision dated 03. 07. 1992, the application of the petitioner came to be rejected. Hence, this petition.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. The father of the petitioner expired on 09. 04. 1981. As per the policy prevailing at the relevant point of time, an application for compassionate appointment had to be made within a period of five years from the date of death of the employee concerned. In the present case, the application has been made on 13. 10. 1990, i. e. after a period of more than nine years, which is against the guidelines prevailing at the relevant point of time.