1. Draft amendment granted.
2. By way of this petition, the petitioner has prayed for following reliefs:-
(A) Your Lordship may be pleased to admit this petition, in the interest of justice;
(B) Your Lordship be pleased to issue appropriate writ, order or direction, quashing and setting aside the impugned communication dated 20.07.2011 issued by the respondent no.1 and further be pleased to direct the respondents to forthwith grant compassionate appointment to the petitioners on any post as per his educational qualification, in the interest of justice;
(C) Your Lordships be pleased to direct the respondents to temporarily appoint the petitioner on any post as per his educational qualification, pending the admission, hearing and final disposal of this petition.
In the alternative (D) Your Lordships be pleased to direct the respondents to keep one post of class-III/class-IV cadre vacant for compassionate appointment to the petitioner on any post as per his educational qualification, pending admission, hearing and final disposal of this petition.
(E) xxx"
3. The brief facts leading to filing of this petition are that the father of the petitioner was serving as Messenger with respondent-Bank and was expired on 03.07.2001 while he was in service. Thereafter, immediately, the mother of the petitioner submitted her application before the respondents for compassionate appointment. The respondent-Bank vide letter dated 02.03.2002 informed the mother of the petitioner that she will be given compassionate appointment subject to medical fitness. However, upon medical examination, it was found that the mother of the petitioner was having disease in her valve and therefore, she was declared unfit. After becoming major the petitioner applied for compassionate appointment. On 5.7.2011 the petitioner sent a Notice to the respondents to supply/ furnish the relevant documents and to grant compassionate appointment to the petitioner. On 20.7.2011, the respondent No.1 denied the compassionate appointment to the petitioner on various grounds. Hence, this petition.
4. It is submitted by learned counsel for the petitioner that the respondent authority ought to have considered the case of the petitioner for compassionate appointment. He further submitted that the grounds under which the respondent-authority has rejected the application of the petitioner are baseless and flimsy. Therefore, he prayed to allow this petition.
5. Learned advocate for the respondents submitted that the petitioner is not entitled for appointment on compassionate ground as once the application of the mother of the petitioner was rejected by the respondent, the second application for compassionate appointment cannot be granted.
6. I have heard learned advocates appearing for both the parties. From the record it is clear that after the death of the father of the petitioner, immediately his mother submitted her application for compassionate appointment. However, in Medical examination she was found unfit, therefore, the respondents are not granted compassionate appointment to the mother of the petitioner. Thereafter, the petitioner submitted his application for appointment on compassionate ground. This Court is of the view that once, the compassionate appointment of the mother of the petitioner was rejected by the respondent-authority on the ground that in medical examination the mother of the petitioner was found unfit, second application submitted by the petitioner for appointment on compassionate ground cannot be considered.
7. Apart from that the respondent-Bank has given complete and cogent reasons in rejected the application of the petitioner. Therefore, I am of the view that the respondents are completely justified in not granting appointment to the petitioner on compassionate ground. Hence, this petition is devoid of any merit and is accordingly dismissed.
[K.S.JHAVERI,J.] pawan Top