DINESHKUMAR PRABHUDAS GONDALIYA 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 respondents to appoint the petitioner on compassionate ground on the post of peon or on any other equivalent post as per his qualification in the respondent Forest Department.

(2.) AT the outset, it is required to be noted that the petitioner is seeking appointment on compassionate ground on the death of his father who died in the year 1997. Therefore, the prayer of the petitioner to appoint him on compassionate ground on the death of his father is to be considered by this Court after a period of 12 years of death of deceased.

(3.) CONSIDERING the decision of the Hon'ble Supreme Court in the case of State of J and K and Ors. v/s. Sajad Ahmed Mir reported in (2006) 5 SCC 766 and recent decision of the Division Bench of this Court in the case of D. V. Jadeja v/s. State of Gujarat and Ors. reported in 2009 (1) GLR 434 (para 13 and 14) and considering the fact that father of the petitioner has expired in the year 1997 i. e. after a period of 12 years, the case of the petitioner for appointment on compassionate ground cannot be granted. Even otherwise considering the fact that earlier twice the petitioner's application came to be rejected on the ground of income ceiling and not having requisite qualification and even considering the fact that 12 years have passed after the death of deceased employee and despite death of the deceased the petitioner and the family members can survive, no case is made out to appoint the petitioner on compassionate ground after a period of 12 years.