LAWS(GJH)-2009-8-247

RAMESHBHAI VAJUBHAI THAKORE Vs. STATE OF GUJARAT

Decided On August 20, 2009
RAMESHBHAI VAJUBHAI THAKORE Appellant
V/S
STATE OF GUJARAT Respondents

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, directing respondent authority to appoint the petitioner on compassionate ground on the death of his father, who was serving as daily wager and who died on 28/12/1999.

(2.) IT is not in dispute that the scheme for appointment on compassionate ground is not applicable to the daily wager. However, it is contention on behalf of the petitioner that as the deceased employee had completed 10 years services as daily wager, he was required to be considered regularized in-service considering the Government Resolution dated 17/10/1988. The aforesaid submission cannot be accepted. Government Resolution dated 17/10/1988 does not provide that after completion of 10 years services, there is automatic regularization. It provides for certain benefits on completion of 10 years and 15 years, etc. Under the circumstance, the contention on behalf of the petitioner that on completion of 10 years services as daily wager, deceased employee was regularied in-service considering Government Resolution dated 17/10/1988 and therefore, on the death of his father, the petitioner is entitled to get appointment on compassionate ground treating the deceased as regularized in-service, cannot be accepted. No other submissions have been made by learned advocate appearing on behalf of the petitioner.

(3.) FOR the reasons stated hereinabove, there is no substance in this petition and the same deserves to be dismissed and is accordingly dismissed. Rule is discharged. No order as to costs.