JAGDISH PRABHASHANKAR SANKALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 6th February,2008 (Annexure "h" to the petition), rejecting the application submitted by the petitioner for the appointment on compassionate ground.

(2.) MR. K. G. PANDIT, learned advocate appearing on behalf of the petitioner has submitted that father of the petitioner was serving as Assistant Teacher in Primary School at Bhalgam, District: Junagadh and he died while in service on 5th July,2006. Therefore, the petitioner, being his one of the dependents, submitted an application for appointment on compassionate ground as Junior Clerk on 2nd June,2007, considering the government policy prevailing at the relevant time and as he was eligible for appointment on compassionate ground. It is submitted that even necessary documents were called from the petitioner, as the petitioner was found to be eligible for the appointment on compassionate ground. However, by impugned order dated 6th February,2008, the State Government rejected the application of the petitioner for appointment on compassionate ground considering clause 2 (8) of the Government Resolution dated 29th March,2007 and considering the income limit criteria. It is submitted that considering Government Resolution dated 10th March,2000, the government had removed all kind of income limit. It is further submitted that even vide another resolution dated 7th September,2002, policy of income limit as per resolution dated 10th March,2000, came to be reiterated and, therefore, the authorities are not justified in rejecting the application of the petitioner on compassionate ground considering the income limit criteria. It is submitted that subsequent resolution could not be applied and/or on the basis of subsequent resolution, the rights of the employees under the government resolution dated 10th March,2000 and 7th September,2002, cannot be taken away and, therefore, it is requested to allow the present petition.

(3.) MR. K. G. PANDIT, learned advocate appearing on behalf of the petitioner has heavily relied upon the decision of this Court dated 24th January,2008 passed in Special Civil Application No. 38 of 2008 as well as other recent decisions of this Court.