IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5435 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- ATUL BECHARBHAI PARMAR Versus DIRECTOR OF AGRICULTURAL STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 5435 of 2002 MR HS MUNSHAW for Petitioner No. 1 MR RV DESAI, AGP, for Respondent No. 1-2 -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH Date of decision: 17/10/2002 ORAL JUDGEMENT Rule. Mr RV Desai, learned AGP waives service of rule for the respondents. 2. The application made by the petitioner for compassionate appointment has been dismissed by the respondent-authorities by reply dated 21-11-2000 (Annexure B) on the ground that the amount of income being received by the family of the deceased exceeds the income limit fixed by the Government for the purpose of compassionate appointment. 3. The contention raised by the petitioner is that if family pension is not included in the income to be considered for the purpose of compassionate appointment, the income of the family will not exceed the prescribed limit. It is also contended that as per the Government Resolution dated 10-3-2000 the income limit has been done away with. Reliance is also placed on the decision dated 15-6-2001 of this Court in Special Civil Application No.799 of 2001 and other decisions. Today the petition has come up for final disposal. 4. At the hearing of the petition, the learned counsel for the petitioner relies on the Government Resolution dated 7-9-2002 laying down that the Government Resolution dated 10-3-2000 doing away with the income limit in matters of compassionate appointment shall be given effect from 1-1-1996. 5. In view of the aforesaid resolution, it is clear that in cases where deceased expired on or after 1-1-1996, the compassionate appointment cannot be refused on the ground of the income of the families exceeding the prescribed limit as no limit would now be applicable. 6. In view of the statement being made by the learned counsel for the petitioner that the death of the father of the petitioner took place while holding office and on or after 1-1-1996 i.e. on 7-9-1996, it is obvious that the present case will be governed by the Government Resolution dated 10-3-2000 read with the Government Resolution dated 7-9-2002. 7. In view of the above discussion, this petition is allowed. The impugned decision rejecting the application of the petitioner for compassionate appointment on the ground that the income of the family exceeds the prescribed limit is quashed and set aside, and the respondents are directed to re-consider the case of the petitioner on the basis of the aforesaid Government Resolution dated 10-3-2000 read with the Government Resolution dated 7-9-2002. This direction shall be complied with within two months from the date of receipt of the writ of this Court or a certified copy of this judgment, whichever is earlier. Rule is made absolute with no order as to costs. (M.S. Shah,J) zgs/-