(Per : HONOURABLE MR.JUSTICE A.L.DAVE) This appeal is preferred against an oral judgment rendered by the learned Single Judge in Special Civil Application No. 17367/2007 on 3.5.2010.
2. The petition was filed by the present respondent upon rejection of his application for compassionate appointment by the appellant-authorities on the ground that the minimum educational qualification, as required under the Government Resolution dated 16.3.2005, was 10th standard pass; whereas, the present respondent had passed only 7th standard and, therefore, was not qualified to be considered for being given appointment on compassionate ground. The learned Judge observed that the Government employee expired on 11.3.1999 and the application was made on 5.12.2000 and, therefore, the Government Resolution prevalent as on the date of demise would be applicable. As per Clause 4(c)(1) of the Government Resolution dated 10.3.2000, for getting appointment on compassionate ground in Class-IV cadre, a candidate must possess the qualification between Std. 4 and Std. 9 pass and if the petitioner had passed 7th Standard, his case ought to have been considered by the authority. The order rejecting the application of the respondent herein dated 17.10.2005, therefore, came to be quashed by the learned Single Judge with a direction to the appellants to consider the case of the petitioner for compassionate appointment as early as possible.
3. We have heard learned Assistant Government Pleader Ms. Mehta for the appellants. She submitted that apart from the educational qualification, there were certain other factors, which would disqualify the respondent herein for being considered for appointment on compassionate ground in Class-IV cadre. She also submitted that these aspects have been stated in the memorandum of the appeal as well as in the affidavit. However, a look at the order challenged before the learned Single Judge in the petition would clearly show that the application of the respondent was rejected solely on the ground that as per Government Resolution dated 16.3.2005, educational qualification for appointment in Class-IV cadre is Std.10 pass and the respondent herein did not possess that required qualification and, therefore, he cannot be given appointment on compassionate ground. She submitted that no other aspects have been considered by the learned Single Judge.
4. In light of the above fact-situation, the learned Single Judge, in our view, was right in observing that a subsequent Government Resolution cannot govern the case of the present respondent- original petitioner simply because the authorities sat tight over the application for five years and they cannot then say that the case of the applicant- respondent herein would be decided as per the amended provision, which may be prevalent at the time of considering the application. The settled proposition of law is that the Government Resolution or Rules prevalent at the time of demise of a Government employee would be relevant and indisputably, in the instant case, the educational qualification at that time was not 10th standard pass, which was the foundation for rejection of the respondent's application. The learned Single Judge was, therefore, right in setting aside the communication rejecting the application of the original petitioner-respondent herein and directing the authorities to consider the case of the respondent afresh for compassionate appointment as early as possible.
5. We do not find any merits in the appeal. The appeal, therefore, must fail and stands dismissed.
6. Since the main appeal is dismissed, Civil Application No. 374/2012 for stay does not survive and stands disposed of accordingly.
[A.L.Dave,J.] [Mohinder Pal,J.]
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