SANDIP ARUNKUMAR JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the communications dated 17. 06. 2005 and 23. 08. 2006 issued by the respondents, whereby the petitioner was refused to grant appointment on compassionate grounds.

(2.) THE father of the petitioner was working as a second grade Police constable in C. T. B Division in the office of respondent no. 4 and died in harness on 27th January, 2003 due to cancer. On 19. 02. 2003, the petitioner made an application requesting to appoint him on compassionate grounds. However, vide communication dated 17. 06. 2005, the respondent informed the petitioner that his case for appointment on compassionate grounds has been rejected on the ground that he does not possess the minimum age required on the date of the application. The petitioner, after becoming major made another application on 14. 07. 2005. The respondent vide letter dated 23. 09. 2006 informed the petitioner that his application for compassionate appointment is rejected on the basis of the Government Policy dated 10th March, 2000. Being aggrieved by the aforesaid action of the respondents, the petitioner has approached this Court by way of this petition.

(3.) THE learned counsel for the petitioner has contended that the respondents have erroneously rejected the application of the petitioner on the ground that the petitioner was not of minimum age as on the date of the application. He has further contended that on the date of forwarding the application, the petitioner has attained majority and, therefore, the respondent ought not to have rejected the application of the petitioner. Hence, the impugned order passed by the respondent deserves to be quashed and set aside.