DEEPAKKUMAR HASMUKHRAI TRIVEDI Vs. DISTRICT PRIMARY EDUCATION OFFICER

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 direction directing the respondents to consider the case of the petitioner for compassionate appointment.

(2.) IT is the case on behalf of the petitioner that the mother of the petitioner died on 26/07/2004 while in service. Thereafter on 16/10/2004 petitioner applied for compassionate appointment and his application has been rejected by the respondent authorities on the ground that the petitioner receives pension of the deceased mother and even the father of the petitioner is also receiving the pension and, therefore, the petitioner is not entitled to compassionate appointment as the family cannot be said to be in pathetic condition. Hence, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) MS. Amrita Ajmera, learned advocate appearing on behalf of the petitioner has vehemently submitted that the respondent authorities have materially erred in rejecting the application of the petitioner for compassionate appointment. It is submitted that the application of the petitioner for compassionate appointment was required to be considered considering the Government Resolution which was prevailing at the time when the petitioner submitted the application i. e. on 16/10/2004. It is submitted that as per the Government Resolution dated 07/09/2002 there was no income criteria and, therefore, the action of the respondents in rejecting the application of the petitioner for compassionate appointment deserves to be quashed and set aside and the respondents are directed to consider the case of the petitioner considering the Government Resolution, which was prevailing at the time when the petitioner submitted the application i. e. on 16/10/2004.