DIPALIBEN VALSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India thereby, seeking to challenge the action on the part of the respondent authorities by not considering the case of the petitioner for giving appointment on compassionate grounds.

(2.) The father of the petitioner was serving as a Dresser, who died in harness on 20.06.2004. The application seeking compassionate appointment was moved by the petitioner on 16.09.2004. This application remained pending with the respondents. However, it came to be rejected on 02.08.2008 on the ground that the petitioner was not possessing the requisite qualification for the post of Peon. Thereafter, the petitioner seems to have once again approached to the respondents. However, his second application was rejected on 24.02.2011 which has given rise for filing of the present petition.

(3.) After notice, the respondents have contested this petition by filing reply stating therein that, the father of the petitioner had died on 20.06.2004 and the petitioner made an application for compassionate appointment on 16.09.2004. At the time of application, the petitioner was not possessing the minimum qualification i.e. standard 10 pass and therefore, the case of the petitioner has been rightly rejected on 03.06.2008 by the Gujarat Sub-Ordinate Services Selection Board, Gandhinagar. It is further their case that the family of the petitioner could not be said to be in a very pitiable condition as the family of the deceased has received an amount of Rs. 4,54,102/- as dues payable to the deceased and the amount of Rs. 2,913/- as family monthly pension. The respondents have also referred to some of the decisions passed by various Courts, wherein, it has been stated that the compassionate appointment cannot be given as a matter of General Rule, as recruitment to the public service should be on the basis of merit, by an open invitation providing equal opportunity to all eligible persons to participate in the selection process. While relying upon the statements, respondents have prayed for dismissal of the petition.