1. By way of this petition, the petitioner has prayed for compassionate appointment.
2. The case of the petitioner is that the mother of the petitioner was serving as labour worker in the garden department of the respondent Corporation and she died on 25.03.2010. The petitioner being son of the deceased-employee, made application for compassionate appointment, which was rejected by the respondent authority on 13.05.2011 on the ground that the petitioner has not passed S.S.C. Examination and therefore, the application of the petitioner was rejected.
3. Respondent-corporation filed reply affidavit, wherein, it is stated as under:
"The respondent most respectfully submits that one Mrs. Mangalaben Daylalbhai Dagala was working as a permanent labourer in the Garden Department of Bhavnagar Municipal Corporation and she passed away on 25/03/2010 while she was in employment of Bhavnagar Municipal Corporation. The respondent submits that immediately thereafter the petitioner herein applied for compassionate appointment on 25/05/2010. The petitioner herein has stated in the said application that he was holding the educational qualification of Standard VI pass. It is humbly stated that the said application was considered on tis merits and as Bhavnagar Municipal Corporation has resolved to follow the policy of the State government on the issue of compassionate appointment, it was thought fit to reject the same as the minimum qualification of Standard-X for Class-4 post was not possessed by the petitioner.
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The respondent reiterates that considering the facts that the petitioner herein is not holding minimum educational qualification of Standard-X pass required for Class-4 posts, there was no option but to reject his application dated 25/05/2010 seeking compassionate appointment through order dated 13/05/2011."
4. Considering the overall facts and circumstances, I am of the view that the view taken by the respondent-authorities is just and proper. I do not find any illegality or infirmity in the decision taken by respondent authority. Hence, no interference is called for and the present petition being devoid of merits is dismissed.
[K S JHAVERI, J] Ankit* Top