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Mehulkumar vs State

High Court Of Gujarat|28 June, 2012

JUDGMENT / ORDER

1. By way of this petitioner, the petitioner has prayed for compassionate appointment.
2. The case of the petitioner is that at the time of death of the petitioner's father, he was minor and after attaining the age of majority, the petitioner made application for compassionate appointment which was rejected by the respondent authority on the ground that the same was not moved within the period of six months from the date of death of his father.
3. Heard learned counsel for the parties. In the case of National Hydroelectric Power Corporation and another Vs. Nanak Chand and another, reported in 2004 AIR SCW 6339, the Hon'ble Supreme Court observed that "....... it is to be seen that the appointment on compassionate ground is not a source of recruitment, but merely an exception to the requirement regarding appointments being made on open invitation of application on merits. Basic intention is that on the death of the employee concerned, his family is not deprived of means of livelihood. The object is to enable the family to get over sudden financial crises". In the said decision, the Hon'ble Supreme Court set aside the order of the High Court wherein the application for compassionate appointment was made after a delay of 10 years after the death of his father of the applicant and the High Court had entertained such an application.
4. Considering the overall facts and circumstances, I am of the view that the view taken by the Hon'ble Supreme Court is just and proper and in view of the said decision, 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 is dismissed being devoid of merits.
(K.S.
Jhaveri, J.) Amar Top
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Title

Mehulkumar vs State

Court

High Court Of Gujarat

JudgmentDate
28 June, 2012