RAMDEVSINH BANESINH PARMAR 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 in class- IV cadre on the death of his father who was serving as daily wager unskilled labourer in the Irrigation Department, who died on 23. 09. 1999.

(2.) IT appears that the petitioner's application for appointment on compassionate ground on the death of his father came to be rejected relying upon decision of this Court rendered in Special Civil Application No11723 of 1994 taking view that scheme of daily wager will not be applicable to the daily wager employee. In the petition it is sought to be contended that father of the petitioner was not serving as daily wager but he was serving as permanent unskilled daily wager. There is nothing like permanent unskilled daily wager. Daily wager is daily wager. Under the circumstances and considering decision of this Court in Special Civil Application No. 11723 of 1994 when the petitioner is denied appointment on compassionate ground on the death of his father who was serving as unskilled daily wager and more particularly, when the scheme of compassionate ground is not applicable to the daily wager as held by this Court in the aforesaid decision, it cannot be said that decision of the respondents in rejecting the application of the petitioner to appoint him on compassionate ground is any illegal and de-hors scheme of compassionate appointment which calls for interference of this Court in exercise of powers under Article 226 of the Constitution of India.

(3.) IN view of above and for the reasons stated above, present petition deserves to be dismissed and accordingly it is dismissed. Rule discharged.