NASARULLAKHKHAN A PATHAN Vs. INFERIOR SERVICES SELECTION BOARD

JUDGEMENT

(1.) Petitioner by way of this petition under Article 226 of the Constitution of India has challenged the order passed by the respondents vide which he has been denied compassionate appointment.

(2.) Facts giving rise to this petition are that father of the petitioner who was working as Peon cum Driver with Respondent No.3 died on 28.01.2004. Immediately after death of his father, petitioner (son) moved application for compassionate appointment. Mamlatdar forwarded this application to the higher authorities. This application remained pending with the respondents for quite some time. However, vide communication dated 13.01.2005, respondents raised certain queries regarding educational qualifications. Thereafter, in the year 2008, Respondent No.1 i.e. Collector seems to have raised another query, viz. whether the petitioner was possessing the qualification of CCC i.e. Course on Computer Concept. Finally, case of the petitioner has been rejected on the ground that he was not possessing qualification of SSC pass which has given raise for the petitioner to have approached this Court by way of this petition.

(3.) Respondents have contested this petition by filing reply which is available at page No.34. In their reply, respondents have submitted that respondent No.1 vide his letter dated 24.02.2006 inquired from the deponent whether he was having knowledge of the computer as per requirement of G.R. of GAD dated 101.2005 and 24.06.2005. As this information was not supplied by the petitioner, Mamlatdar could not forward his case further to respondent No.1. It is further submitted that as the petitioner was not possessing minimum qualification of SSC pass for class-IV posts, the case was required to be rejected and the same has been rejected by the respondents.