SURJEETSINGH MAHENDERSINGH VAGHELA 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, direction and/or order directing the respondent to appoint the petitioner on compassionate ground by quashing and setting aside impugned action of the respondent in not appointing the petitioner as per order / communication dated 09. 07. 2002 (Annexure J) to the petition.

(2.) AT the outset it is required to be noted that father of the petitioner on whose death the petitioner has sought appointment has died as far as back on 02. 07. 1987. At the relevant time, the petitioner was minor. Therefore, for the first time the petitioner submitted application for appointment on compassionate ground in the year 1997 i. e. after a period of 10 years of death of deceased employee. It appears that earlier also the application of the petitioner came to be rejected by Deputy Director vide communication dated 16. 04. 2002 on the ground that application was submitted beyond prescribed period. It appears that thereafter application was submitted to reconsider earlier decision which came to be rejected by the Deputy Director vide communication dated 24. 06. 2002 which came to be communicated to the petitioner vide impugned communication dated 09. 07. 2002. It is to be noted that petitioner's father has expired as far as back on 02. 07. 1987 and appointment of the petitioner on compassionate ground is to be considered by this Court after a period of 22 years of deceased employee.

(3.) IDENTICAL question came to be considered by this Court in Special Civil Application Nos. 1678/1997 and 1903/2005 and this Court has relied upon the decisions of the Hon'ble Supreme Court in the case of STATE OF Jand K ORS Vs. SAJAD AHMED MIR reported in (2006) 5 SCC 766 and in the case of NATIONAL HYDROELICTRIC POWER CORPORATION AND ANR Vs. NANAK CHAND AND ANR reported in 2004 AIR SCW 6339 rejecting the applications, which were filed belatedly.