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Maulik vs State

High Court Of Gujarat|16 July, 2012

JUDGMENT / ORDER

1. Draft amendment granted.
2. By way of this petition, the petitioner has prayed for following reliefs:-
(A) Your Lordships may be pleased to admit and allow the present Special Civil Application.
(B) Your Lordships may be pleased to quash and set aside the decision by respondent no.1 vide no. Aa-ra-ja- 102006-1661 chh dtd. 07/10/2006 and Mahe-4-Vashi-1058-60 dtd. 19/09/2009 at Annexure- A Colly.
( C) Your Lordships be pleased to direct respondents to consider and grant petitioner's application for appointment on compassionate grounds in accordance with law.
(D) xxx"
3. The father of the petitioner was serving as Eduicational Inspector in Mid-Meal Scheme at Jasdan, and was expired on 23.03.2006. On 19.06.2006 the petitioner submitted his application before the respondents for compassionate appointment. After various correspondences the respondents by communication dated 07.10.2006, informed the petitioner that he is not holding the requisite education qualification therefore, his request for appointment on compassionate ground is rejected.
3.1. After passing SSC examination, the petitioner again submitted his application for compensation appointment before the respondent authority for compassionate appointment on 10.08.200. The respondent No.2 vide letter dated 19.09.2009 again rejected the representation of the petitioner on the same ground. Hence, this petition.
4. There is no dispute that the request for compassionate appointment was rejected in the year 2006 and again in the year 2009. However, the petitioner has approached this Court only in the year 2012, i.e. after delay of about 3 years. There is no explanation forthcoming for the inordinate delay in approaching this Court. It is required to be noted that the purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the breadwinner in the family. Such appointments should, therefore, be provided immediately to redeem the family in distress. The delay on the part of the petitioner shows that there was no crisis in the family, otherwise the petitioner would have approached this Court without any delay.
5. In the premises aforesaid, I do not find any merits in the petition. The same is accordingly dismissed only on the ground of limitation. Notice is discharged. No order as to costs.
[K.S.JHAVERI,J.] pawan Top
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Title

Maulik vs State

Court

High Court Of Gujarat

JudgmentDate
16 July, 2012