DEVENDRA SHIVSHANKAR THAKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court for issuance of writ of mandamus or any other writ in the nature thereof by quashing and setting aside, the decision of the Government, dated 29.01.2010, 30.12.2009 and 21.02.2009 and other decisions vide which the application of the petitioner for compassionate appointment has been declined.

(2.) The father of the petitioner was serving as a peon in Government Girls High School, Keshod. He died while in service on 21.02.2003. After death, on 06.05.2003, petitioner moved an application for appointment on compassionate ground. This application remained pending with the respondents for quite some time and thereafter, it seems to have been rejected on 04.01.2006. The representations made by the petitioner for setting aside the aforementioned orders were also rejected.

(3.) After notice, the respondents have contested this petition by filing reply wherein, it has been stated that the case of the petitioner for compassionate appointment was dealt with as per circular dated 10.03.2000, passed by the General Administration Department. As per this circular, the petitioner was 17 years and 4 months of age on the date of application. The petitioner was not major on that date and as per the requirement under G.R. Dated 10.03.2000 the petitioner was treated ineligible and accordingly, his application was rejected by the Education Department vide order dated 13.08.2004. Despite rejection, the petitioner kept on making prayer for compassionate appointment while seeking relaxation in the age. Accordingly, the petition was liable to be dismissed.