SCA/4508/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4508 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 ? ========================================= = M.R. LUHAR Versus STATE OF GUJARAT & ANR ========================================= = Appearance : MR AS SUPEHIA for Petitioner:1 MR J K SHAH AGP for Respondent:1 NOTICE SERVED for Respondents:1-2 ========================================= = CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 09/09/2008 ORAL JUDGMENT RULE. With consent of the learned counsel appearing for respective parties, matter is taken up for hearing. SCA/4508/2008 2/3 JUDGMENT 2. Mr. J.K.Shah, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent State. 3. By way of this petition, the petitioner has prayed for following reliefs. “ (A) To Quash and set aside the letter dt.28.10.2005 and to direct the respondents to consider the case of the petitioner for compassionate appointment ignoring the Notification dtd.16.3.2005 and to appoint him if found suitable. (B) During the pendency and final disposal of this petition, Respondent No.2 may be directed to consider the application of the petitioner for compassionate appointment in the light of the law as stated above. (C) To grant such other benefits as may be deemed fit.” 4. The learned Assistant Government Pleader has drawn attention of the Court to Para-7 of the reply filed by respondent,- Officer on Special Duty to the Chief Personnel Officer, dated 10th June, 2008, which reads as under:- “ As regards para 7 of the petition, it is submitted that the proposal for compassionate appointment to the petitioner was received in the office of the Respondent No.1 on 20.5.2004. But, required information in the prescribed Check List was not sent which was called for from the office of the Regional Deputy Director vide letter dated 31.5.2004, 9.7.2004, 22.9.2004 and 9.11.2004 which was furnished by the petitioner on 18.12.2004 but it was also insufficient. Hence, the further information was called for from him vide letter dated 11.1.2005 which was furnished by him on 16.4.2005. Thereafter, a proposal was sent to Respondent No.2 vide letter dated 21.5.2005. Meanwhile, the Government had published the Recruitment Rules for Class-IV posts vide notification dated 16.3.2005 (Annexure-G) and the S.S.C. or an equivalent examination was prescribed as the SCA/4508/2008 3/3 JUDGMENT minimum qualification for Class-IV post. As the petitioner did not possess such qualification on the date of receipt of the proposal by Respondent No.2, i.e. 21.5.2005, his request for such appointment was not accepted by the Respondent NO.2 and the petitioner was apprised of the said decision vide letter dated 20.10.2005 (Annexure-C). Annexed hereto and marked as Annexure-R-1 collectively are the copies of the said letters dated 31.5.2004, 9.7.2004, 22.9.2004, 9.11.2004, 18.12.2004, 11.1.2005, 16.4.2005 and 21.5.2005.” 5. In view of the above, the petitioner will go before Chief Personnel Officer within a week and will also supply all the required documents. On furnishing such documents, the authority will examine the documents supplied by the petitioner and after examining such documents, the authority will reconsider the case of the petitioner. This Court is not entering into the merits of the matter. 6. With the above observation and direction, the petition is disposed of. 7. Rule is made absolute to the aforesaid extent. (K.S.JHAVERI, J.) Amit/-