VIRENDRASINH SARDARSINH SINDHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India, is filed for the purpose of seeking following reliefs:

(2.) The case of the petitioner is that petitioner is the son of Sardarsinh Udesinh Sindha who was serving as Surveillance worker with District Panchayat, Vadodara. The father of the petitioner during the tenure of service had expired on 20.3.1986 and at the time of death, the petitioner was merely aged about 4 years and was also having elder sister and mother. The case of the petitioner is that as soon as the petitioner attained the age of majority on 14.12.1999, on 10.6.2001 the petitioner applied before the authority for seeking compassionate appointment. It was the first application which was made in June,2001, as stated above. It is further the case of the petitioner that mother of the petitioner was illiterate and as such, she could not avail the said benefit for seeking compassionate appointment. Subsequent to such application, yet another representation has been made in the specified format on 26.6.2002, a copy whereof was submitted to other relevant authority and the case of the petitioner was recommended by the Medical Officer of Primary Health Center, Waghodiya vide letter dated 16.10.2002 However, the same was rejected vide order dated 2.11.2002 by the concerned officer of the Malaria Branch, District Panchayat, Vadodara on the sole reason that application of the petitioner was barred by limitation.

(3.) Resultantly, it is the case of the petitioner that for the purpose of reconsideration, another request was made on 13.3.2003 before the respondent authority but, no reply was received and it was orally informed to the petitioner that petitioner cannot get the appointment of compassionate ground. In the interregnum period, the petitioner become aware about the judicial pronouncement of the High Court that only on the ground of delay, the application for compassionate appointment cannot be refused. As a result of this, another representation was made and accordingly, the petitioner was left with no other alternate but to approach this Court by way of SCA No.6884 of 2007. This Court, vide order dated 16.3.2007, was pleased to dispose of the petition by directing the respondent authority to decide the application of the petitioner within a period of 2 months. As a result of this, the representation was made but, again the same was rejected vide communication dated 4.7.2007 by respondent No.3 again on the ground of limitation and on the ground that the mother of the petitioner had not applied at a relevant point of time and hence, no right is crystalized to seek appointment on compassionate basis.