JAGARUT HARIBHAI GURJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Shivang Shukla, learned AGP waives service of rule on behalf of the parties.

(2.) THE petitioner has prayed to quash and set aside the impugned order dated 05. 06. 2008 passed by the respondent and to direct the respondents to give appointment to the petitioner on compassionate ground.

(3.) THE only contention raised in this petition is to the effect that the petitioner has preferred application on 29. 07. 2006 and the same was considered on the basis of the scheme subsequent to the said period and not on the basis of the scheme which was prevailing on the date of the application. The contention requires to be accepted inasmuch as it is well settled law that the respondent is required to consider the application for compassionate appointment on the basis of the scheme which was prevailing at the time of application. This principle is laid down by the Apex Court in the case of Abhishek Kumar v. State of Haryana and Ors. reported in (2006) 12 SCC pg 44 and also in the case of SBI v. Jaspal Kaur, reported in (2007) 9 SCC pf 571 wherein, it is held that the matter should be decided within the parameters of the scheme prevailing when the application for compassionate appointment was made.