SCA/1132620/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11326 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= JAGARUT HARIBHAI GURJAR - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR UM SHASTRI for Petitioner(s) : 1, MR SHIVANG SHUKLA AGP for Respondent(s) : 1, None for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 06/10/2008 ORAL JUDGMENT 1.0. RULE. Mr. Shivang Shukla, learned AGP waives service of rule on behalf of the parties. SCA/1132620/2008 2/3 JUDGMENT 2.0. The petitioner has prayed to quash and set aside the impugned order dated 05.06.2008 passed by the respondent and to direct the respondents to give appointment to the petitioner on compassionate ground. 2.1. The father of the petitioner who was working with the respondent died in harness and, therefore, the petitioner made an application for appointment on compassionate ground. After various correspondences ultimately the request of the petitioner came to be rejected by the respondent on the basis of notification dated 29.03.2007 of the General Administration Department. Therefore, the present petition has been filed with the aforesaid prayer. 3.0. The only contention raised in this petition is to the effect that the petitioner has preferred application on 29.07.2006 and the same was considered on the basis of the scheme subsequent to the said period and not on the basis of the scheme which was prevailing on the date of the application. The contention requires to be accepted inasmuch as it is well settled law that the respondent is required to consider the application for compassionate appointment on the basis of the scheme which was prevailing at the time of application. This SCA/1132620/2008 3/3 JUDGMENT principle is laid down by the Apex Court in the case of Abhishek Kumar v. State of Haryana and Ors. reported in (2006) 12 SCC pg 44 and also in the case of SBI v. Jaspal Kaur, reported in (2007) 9 SCC pf 571 wherein, it is held that the matter should be decided within the parameters of the scheme prevailing when the application for compassionate appointment was made. 4.0. In the premises aforesaid, this petition is partly allowed. The impugned order dated 05.06.2008 passed by the respondent is hereby quashed and set aside. The respondent shall consider the application of the petitioner on the basis of the scheme which was prevailing on the date of the application. Rule is made absolute accordingly with no order as to costs. 5.0. It is clarified that this order is passed without entering into the merits of the request for compassionate appointment and the authority shall consider the matter on its merits. [K.S. JHAVERI, J.] /phalguni/