By way of this petition, the petitioner has prayed for direction to quash and set aside the communication dated 09.04.2012 by which the petitioner was informed to get/take lump sum instead of getting compassionate appointments as the State government has decided to only give lump sum amount to the relatives, who were expired while they were in service.
2. Brief facts, as narrated in the petition are as under:-
2.1 The petitioner's father was serving as an A.S.I, Traffic branch under the Police Commissioner, Vadodara, died on 07.06.2008 while he was in service. The petitioner had made an application dated 11.07.2008 go give him appointment on compassionate ground within the prescribed time. Thereafter, the petitioner was informed by the Dy. Administrative Officer, Office of the Police Commissioner, Vadodara, by issuing communication dated 23.07.2008, wherein the petitioner was requested to file an undertaking within three months if he wants to get the compassionate appointment in Class-IV. The petitioner has submitted the relevant documents which are required for appointment on compassionate ground. The respondent no.2 informed the petitioner's mother vide communication dated 09.04.2012 that authorities have decided to grant lump sum amount instated of giving appointment on compassionate basis. Hence, this petition.
3. Mr.
N.K.Majmudar, learned counsel for the petitioner contended that respondent authorities have decided to grant lump sum amount to the petitioner instead of giving appointment on compassionate basis after four years from the date of making application and considered the rules and regulations which are currently in force instead of prevailing at the relevant point of time. The respondent authorities have committed an error by giving retrospective effect to the petitioner by giving lump sum amount instead of giving compassionate appointment. Therefore, the communication dated 09.04.2012 is illegal and arbitrary and the same is required to be quashed and set aside.
4. Having heard learned counsel for the parties and having gone through the record, this Court is of the considered view that the scheme of compassionate appointment has been decided to be discontinued by the Government and in its place it is decided to grant lump sum amount to the dependents of the Government employee who has died in harness. The petitioner was informed by the respondent vide communication dated 09.04.2012 to provide necessary documentary evidence within seven days to get lump amount.
5. In view of the above, as the respondent authorities have already called upon the petitioner to provide necessary documentary evidence within seven days to get lump sum amount. It will not be appropriate for the petitioner to entertain this petition and hence, the same deserves to be dismissed and is hereby dismissed.
6. The petitioner is at liberty to approach the respondent authorities with the documents as sought for by the respondents.
[K.S.JHAVERI, J] Siddharth// Top