ARIF Y MALEK 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 communication dated 06. 10. 1999 issued by the respondent, whereby the petitioner was refused to grant appointment on compassionate grounds.

(2.) THE father of the petitioner, who was working with the respondent died in harness on 27. 07. 1999. On 17. 09. 1999, the petitioner made an application requesting to appoint him on compassionate grounds. However, the petitioner received a communication dated 06. 10. 1999, from the respondent informing that his case for appointment on compassionate grounds cannot be considered. Being aggrieved by the aforesaid action of the respondents, the petitioner has approached this Court by way of this petition.

(3.) HEARD learned counsel for the parties and perused the documents on record. There is no dispute that the request for compassionate appointment was rejected in the 1999. However, the petitioner has approached this Court only in the year 2003, i. e. after a delay of about five years. There is not explanation forthcoming for the inordinate delay in approaching this Court. It is required to be noted that the purpose for providing appointment on compassionate ground is to mitigate the hardship due to death of the breadwinner in the family. Such appointments should, therefore, be provided immediately to redeem the family in distress. Hence, the delay on the part of the petitioner shows that there was no crisis in the family, otherwise the petitioner would have approached this Court without any delay. Even otherwise, the father of the petitioner was a Class-II officer and, therefore, the petitioner is also not entitled for compassionate appointment.