Gujarat High Court
Vijayrajsinh Jayrajsinh Gohil vs State Of Gujarat on 4 August, 2025
NEUTRAL CITATION
C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5577 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
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Approved for Reporting Yes No
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VIJAYRAJSINH JAYRAJSINH GOHIL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
DR.ABHISST K THAKER(7010) for the Petitioner(s) No. 1
MS. SURBHI BHATI, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 04/08/2025
ORAL JUDGMENT
1. The present petition is filed by the petitioner for seeking the following reliefs:
"(A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to give appointment to the petitioner on compassionate ground in Unarmed Police Section;
(B) Pending admission and final disposal of this petition, Your Lordships will be pleased direct the respondent Page 1 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined authorities to consider the application to of the petitioner for appointment at Annexure E; compassionate (C) Such other and further relief that is just, fit and expedient in the facts and circumstances granted. of the case may be granted."
2. Brief facts as stated in the memo of the petition are as under:
2.1 It is the case of the petitioner in this petition that on 22.07.2004, the father of the petitioner passed away while on duty serving as a driver in the unarmed section, police department, Bhavnagar. On 29.09.2004, the petitioner addressed a letter to the Superintendent of Police, Bhavnagar inter alia stating that the petitioner's father died on 22.07.2004 on duty due to heart attack and that the petitioner requested that he may be given job on compassionate grounds. It is further the case of the petitioner in this petition that on 15.02.2006, the Superintendent of Police, Bhavnagar addressed a letter to the present petitioner stating that the request of the petitioner has been forwarded to the Director General of Police, Gandhinagar and the Director General of Police Page 2 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined had rejected the request of the petitioner by stating a notification being GS/4/2005/CRR/102004 and that as per th the said notification, the petitioner had to pass 10 Standard for a selection to Class IV Post. It is further the case of the petitioner in this petition that on 17.11.2006, the petitioner requested again to consider his application and addressed a letter to the Superintendent of Police, Bhavnagar, stating inter alia that he has th passed Standard 10 examination in October-2006 and, therefore, it is requested that necessary investigation maybe carried out and his request be considered. 2.2 It is further the case of the petitioner in this petition that on 14.06.2010, the petitioner addressed a letter to the Director General of Police, Gandhinagar, stating inter alia, that he had requested appointment compassionate grounds as after the death of his father, to fulfill the responsibilities, he had requested an appointment for Class-IV post and now he has passed 12th Standard in March-2010 and also in the year 2007 he has completed a computer course and therefore now he may be considered again for appointment of Class- IV employee in their department on compassionate grounds. Page 3 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025
NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined It is further the case of the petitioner in this petition that on 04.10.2010, the Superintendent of Police, sent a reply to petitioner, inter alia stating that he is not th eligible as he has not completed his 10 Standard Examination and, therefore, his request is rejected. It is further the case of the petitioner in this petitions that on 26.12.2011, the petitioner again addressed a letter to the respondents stating inter alia, that he may be given appointment on compassionate grounds as per the rules and regulations. It is further the case of the petitioner in this petition that on 16.12.2011, the respondent authorities replied stating inter alia that his request was already considered and rejected and it requires no reconsideration anymore. Hence, the present petition has been preferred.
3. Heard Dr. Abhisst Thaker, learned advocate for the petitioner and Mr. Surbhi Bhati, learned Assistant Government Pleader for the respondents - State. 4.1 Dr. Abhisst Thaker, learned advocate for the petitioner has submitted that the petitioner's father has passed away on 22.07.2004 while on duty and he was Page 4 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined serving as a driver in the unarmed section, Police Department, Bhavnagar. He has further submitted that thereafter, the petitioner has written a letter to the Superintendent of Police, Bhavnagar praying that his father died on 22.07.2004 due to heart attack and, therefore, he has requested that he may be given job on compassionate ground. He has further submitted that pursuant to that, Superintendent of Police, Bhavnagar by letter dated 15.02.2006 addressed to the petitioner stating that the request of the petitioner has been forwarded to the Director General of Police (DGP), Gandhinagar and DGP, Gandhinagar had rejected the request of the th petitioner by stating that the petitioner had to pass 10 standard examination for appointment at Class-IV post as the petitioner was not qualified at that time. He has further submitted that the petitioner thereafter passed th 10 standard examination in the year 2006 in three attempts and thereafter, the petitioner has sent fresh communication on 17.11.2006 to the Superintendent of th Police, Bhavnagar by informing that he has cleared 10 standard examination in October, 2006 as the said communication is not responded by the Authority, the petitioner has made third attempt by sending letter on Page 5 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined 14.06.2010 to the DGP, Gandhinagar by stating subsequent development about his qualification. Thereafter, Superintendent of Police replied on 14.07.2010 by informing that he had not applied for the same within the period of six months after the death of his father and he was not 18 years old when he had applied the said application for compassionate appointment and also informed that he had not passed th 10 standard examination when he had filed the said application for compassionate appointment and, therefore, his application is rejected.
4.2 He has further submitted that the petitioner has again addressed a letter on 26.12.2011 to the respondent
- Authorities to consider his case for compassionate appointment which was replied by respondent authority on 16.12.2011 stating that his request was rejected and it requires no consideration anymore. Therefore, the present petition is filed by submitting that though there is policy which gives some immediate relief to the family of the deceased employee who died during the course of employment and some of the family members are appointed in the employment by the employer, his case Page 6 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined for compassionate appointment is required to be considered. He has referred to Notification of G.D.A. Department and has submitted that in view of said policy, the rejection of the request made by the petitioner for granting compassionate appointment is improper and, therefore, this Court may pass appropriate order to consider the request of the petitioner for compassionate appointment in unarmed section, Police Department and, therefore, he has prayed to allow the present petition.
5.1 Per contra, Mr. Surbhi Bhati, learned Assistant Government Pleader for the respondents-State has submitted that three attempts have been made by the petitioner from the period between 2004 to 2011 after death of his father in the year 2004 by filing the application for appointment on compassionate ground. She has further submitted that it also transpires that the authorities have considered the aspect that at the relevant point of time and in view of policy, the petitioner has not made application within six months for compassionate appointment. She has further submitted that further considering the fact that at the time of Page 7 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined making first application in the year 2004, the petitioner was not aged 18 years old and the third aspect, which is required to be considered that the petitioner has not th passed 10 standard examination at the time of filing first application. The authorities have considered this aspect and rejected his proposal in the year 2006. She has further submitted that thereafter, the petitioner has th passed the examination of 10 standard in October 2006 and thereafter again he has made application for compassionate appointment by mentioning that he has th passed the 10 standard examination. The Authorities have rejected the application as it is not in consonance with the requirement of the policy for the compassionate appointment. She has further submitted that thereafter, the petitioner has made third application in the year 2011 for consideration/reconsideration of his claim for the compassionate appointment which is also rejected by the authority in view of the above stated facts and the respondent Authority has specifically informed the petitioner that repeated request is not required to be considered once it is rejected on the valid ground. 5.2 In support of her contentions, she has relied upon Page 8 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined the following decisions:
(i) (1998) 2 SCC 412 - State of Uttar Pradesh versus Paras Nath
(ii) (2004) 12 SCC 487 - National Hydroelectric Power Corporation Limited versus Nanak Chand Jain
(iii) (1997) 8 SCC 85 - Haryana State Electricity Board versus Hakim Singh
(iv) (1994) 4 SCC 138 - Umesh Kumar Nagpal; Anil Malik versus State of Haryana
(v) (2003) 7 SCC 511 - State of Manipur versus MD Rajaodin
(vi) Canara Bank versus Ajithkumar G.K. reported 2025 (0) AIJEL-SC 74716, 5.3 She has submitted that this petition may be dismissed.
6.1 I have considered the rival submissions made at the bar by the respective parties. I have also perused the documents available on the record. From the records, it transpires that father of the petitioner has expired on Page 9 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined 22.07.2004 and petitioner has made application for compassionate appointment on 22.09.2004 to the Superintendent of Police, Bhavnagar by claiming that he should be considered for the compassionate appointment for the post of unarmed police constable or as a Class-IV employee. The said communication is forwarded to the DGP and the DGP has rejected such application, which was informed to the petitioner by the Superintendent of Police, Bhavnagar by letter dated 15.02.2006, whereby it is informed that in view of the notification of government published in the year 2005, the petitioner th has to pass 10 standard examination for appointment at Class-IV post even under the compassionate appointment.
It also transpires from the record that the petitioner had not reached at the age of 18 at the relevant point of time when he has filed application for compassionate appointment in the year 2004. Thereafter, the petitioner th has cleared 10 standard examination in October, 2006 and the petitioner has again filed application on 17.11.2006 for compassionate appointment, which was also rejected subsequently and thereafter, the petitioner has addressed letter on 26.12.2011 to the respondent authority that he may be given appointment on Page 10 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined compassionate ground which was also rejected by the Authority. It also transpires that the respondent authority has informed the petitioner on 16.12.2011 that repeated representation for the claim on compassionate appointment will not be entertained. 6.2 Considering the judgment of the Hon'ble Apex Court more particularly in the case of Canara Bank v. Ajithkumar G.K. reported 2025 (0) AIJEL-SC 74716 relevant citation is 2025 INSC 184, such application is rightly rejected by the responding Authority. It is also relevant to note that object of giving appointment on compassionate ground is with a view to providing immediate relief to the family of the deceased employee. It is also relevant to note that right of compassionate appointment is not a fundamental right but it is provided from the beneficial policy of the state government and, therefore, the repeated request made by the petitioner does not improve the case of the petitioner to get the compassionate appointment when he is not found qualified for getting benefit under the relevant th policy prevailing that means he has not passed 10 and in view of the above discussions, the present petition is Page 11 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025 NEUTRAL CITATION C/SCA/5577/2020 JUDGMENT DATED: 04/08/2025 undefined found meritless and is required to be dismissed.
7. Accordingly, the present petition is dismissed with no order as to costs. Notice stands discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 12 of 12 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Wed Aug 06 2025 Downloaded on : Wed Aug 06 23:43:24 IST 2025