SCA/151119/1993 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1511 of 1993 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 ? ========================================= ================ ASHVINKUMAR VALJIBHAI LAKHATARIA - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================= ================ Appearance : MS MAMTA R VYAS for Petitioner(s) : 1, MR JK SHAH AGP for Respondent(s) : 1 - 4. ========================================= ================ CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 10/11/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the SCA/151119/1993 2/3 JUDGMENT order / communication dated 03.07.1992 of the respondent no.3 and to direct the respondents to appoint the petitioner in service on compassionate grounds. 2. The facts in brief are that the father of the petitioner was serving as a Compounder with the respondent no. 4 – Hospital and died in harness on 09.04.1981. At that time, the petitioner was a minor aged about 7 years. After attaining the age of a major, the petitioner preferred application dated 30.11.1990 requesting the respondent – authority to grant him appointment on compassionate grounds. Thereafter, the petitioner also supplied necessary details / documents as asked for by the respondents. However, vide impugned communication / decision dated 03.07.1992, the application of the petitioner came to be rejected. Hence, this petition. 3. Heard learned counsel for the respective parties and perused the documents on record. The father of the petitioner expired on 09.04.1981. As per the policy prevailing at the relevant point of time, an application for compassionate appointment had to be made within a period of five years from the date of death of the employee concerned. In the present case, the application has been made on 13.10.1990, i.e. after a period of more than nine years, which is against the guidelines prevailing at the relevant point of time. SCA/151119/1993 3/3 JUDGMENT 4. Apart from that it has also come on record that at the time of death of the father of the petitioner, three family members were eligible for appointment on compassionate grounds. However, none of them had applied for compassionate appointment within the period as prescribed in the policy prevailing at the relevant point of time. 5. Looking to the aforesaid factual aspects, I am of the opinion that the respondent – authority was completely justified in rejecting the case of the petitioner and hence, I find no reasons to interfere in this petition under Article 226 of the Constitution of India. 6. For the foregoing reasons, the petition is dismissed. Rule is discharged. No order as to costs. [K. S. JHAVERI, J.] Pravin/*