1.0 By way of present petition, the petitioner has prayed for direction to the respondents to issue order giving appointment to the petitioner on compassionate ground.
2.0 The father of the petitioner who was serving as Principal in the Primary School of Taluka Lunavada expired during office hours on 24.08.2006. The petitioner moved an application for compassionate appointment as he is possessing qualification and qualified for the post. The respondent No. 1 vide impugned order dated 24.11.2010 rejected the application of the petitioner for compassionate appointment on the ground that his application does not fall within the parameters of the Government Resolution dated 29.03.2007 holding that the petitioner's father had contributed to the family financially and petitioner's family is receiving pension of Rs. 7553/-. Hence, this petition.
3.0 Learned advocate for the petitioner contended that in view of Policy of the Government the petitioner is entitled to be considered for compassionate appointment. Therefore, the petitioner is entitled for compassionate appointment.
4.0 Mr.
Soni, learned Assistant Government Pleader for the respondent stated that in view of decision of Division Bench rendered in Letters Patent Appeal No. 3047 of 2010, the petitioner is not entitled for appointment on compassionate ground.
5.0 Heard Mr. Rajguru, learned advocate for the petitioner and Mr.Soni, learned Assistant Government Pleader for the respondent. While dismissing the Letters Patent Appeal No.3047/2010 the Division Bench has relied upon a decision of the Apex Court in the case of Ghanshyambhai Dipabhai Dharjiya V. State of Gujarat and & ors, rendered in Special Leave to Appeal (Civil) No.7702/2001 wherein it is held as under:
"The family pension of the petitioner is admittedly Rs.5,569/- and the petitioner has got retiral benefits to the tune of Rs.12,61,936/-. The High Court has taken the view that th petitioner is not entitled for appointment on compassionate grounds. In our opinion, no interference is required. The Special Leave Petition is, accordingly dismissed."
6.0 In view of the aforesaid decisions the plea of the petitioner cannot be accepted. Hence the petition is dismissed.
(K.S.JHAVERI, J.) niru* Top