BHANUBEN Z VAGHELA Vs. MUNICIPAL COMMISSIONER

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 declaring inaction on behalf of the respondent Corporation in not giving her appointment on compassionate ground.

(2.) IT is the case on behalf of the petitioner that mother of the petitioner was serving as Sweeper in the respondent Corporation who joined Corporation on 22. 01. 1977 and was to retire on 31. 03. 2005 on attaining the age of superannuation. That mother of the petitioner came to be prematurely retired on medical ground on 25. 06. 1999. Accordingly petitioner submitted application for appointment on compassionate ground on retiring petitioner's mother on medical ground being divorced daughter. It is the case on behalf of the petitioner that as per the policy prevailing at the relevant time divorce daughter was also entitled to be appointed on compassionate ground. It appears that on the basis of said application and considering the fact that the petitioner is divorced daughter of employee, vide Office Order dated 02. 09. 1999, the petitioner came to be appointed on one year probation. It appears that thereafter, husband of the petitioner submitted application with the respondent Corporation pointing out that as such petitioner was and divorced daughter and their marriage subsisted and thereafter, the Corporation investigated the matter and it was found that the day on which the petitioner submitted that application for appointment on compassionate ground as divorced daughter, she was not divorcee at all and her marriage with her husband subsisted. Under the circumstances considering the fact that petitioner has made false statement / declaration only with a view to to get appointment on compassionate ground as divorced daughter, probation period of the petitioner was not continued and petitioner was not continued in service and hence, the petitioner has preferred present petition under Article 226 of the Constitution of India.

(3.) CONSIDERING documents on record i. e. first agreement for divorce dated 10. 05. 1992 (Annexure I) page No. 23 and subsequent agreement for divorce dated 22. 07. 2002, it appears that the day on which the petitioner submitted application in the year 1999 for appointment on compassionate ground the petitioner was not divorced daughter. It appears that the petitioner has made false declaration in the year 1999 to the effect that she is divorcee, only for the purpose of getting appointment on compassionate ground. Considering above when the petitioner has not been appointed on compassionate ground as divorcee / divorced daughter, it cannot be said that respondent Corporation has committed any error and/or any illegality and /or impugned order is so contrary, which calls for interference of this Court in exercise of powers under Article 226 of the Constitution of India.