Gujarat High Court
Roopesh S/O Late Balubhai Igole vs Chief General Manager on 5 August, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/SCA/6887/2022 ORDER DATED: 05/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6887 of 2022
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ROOPESH S/O LATE BALUBHAI IGOLE
Versus
CHIEF GENERAL MANAGER & ANR.
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Appearance:
MR MS TRIVEDI(939) for the Petitioner(s) No. 1
MS ROOPAL R PATEL(1360) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 05/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Twice the matter has been called out, however, learned advocate Mr. M. S. Trivedi, appearing for the petitioner, has remained absent. Learned advocate Ms.Roopal R. Patel, appearing for the respondents, has remained present during both calls.
2. The writ petition is directed against the order dated 11.03.2020 passed by the Central Administrative Tribunal (for short, "the Tribunal") rejecting Original Application No.33 of 2019 filed by the petitioner, seeking compassionate appointment.
3. Learned advocate Ms. Roopal R. Patel, appearing for the respondents, at the outset, has submitted that as per the policy of the respondents dated 27.06.2007, the petitioner was required to secure a minimum of 55 points for his case to be considered for compassionate appointment. In the present case, learned advocate Ms.Patel, has submitted that the Page 1 of 4 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 21:45:47 IST 2025 NEUTRAL CITATION C/SCA/6887/2022 ORDER DATED: 05/08/2025 undefined petitioner secured only 31 points, which is significantly below the prescribed benchmark, and hence, his case was rejected in accordance with the policy.
4. The father of the applicant, who was serving under the respondents, died in harness on 12.01.2017. The applicant subsequently submitted an application dated 23.10.2017 for appointment on compassionate grounds. His case was duly considered by the committee as per the aforementioned policy and was awarded 31 points, which fell short of the minimum requirement of 55 points.
5. The criteria prescribed under the policy dated 27.06.2007 includes various parameters, each assigned a specific score. For instance, under the head of dependents, which includes number of dependents, handicapped dependents, minor children, and unmarried daughters, a maximum of 30 points is available. Under the head of family pension, a maximum of 20 points is assigned. Similarly, separate points are provided based on whether the family is living in owned or rented accommodation. All these parameters are enumerated under Annexure-II of the said policy.
6. After considering all the relevant parameters, the petitioner's case was rejected. The Tribunal, after examining the checklist and the items with positive and negative points, as recorded in paragraph No.4 of its judgment, concluded that the petitioner was rightly awarded only 31 points. After a threadbare examination of the checklist, scoring, and the applicable policy, the Tribunal has held as under:-
Page 2 of 4 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 21:45:47 IST 2025NEUTRAL CITATION C/SCA/6887/2022 ORDER DATED: 05/08/2025 undefined "4. Check-list whereby indigence of the applicant's family was assessed for the sake of breity is reproduced herein below: -
"A) Items with positive points"
Sr. Item Details Points Remarks
Nos.
(a) Total no. of dependents: 04
(b) No. of Handicap dependent(s): NIL 20 Dependents (c) No. of minor child(ren): NIL Maximum 1 (Weight (d) No. of unmarried daughter(s): 02 10 30 age) For (b), certificate issued by competent 30 authority to be enclosed. For (c) & (d), status to be taken wrt. date of CGA application in Proforma Part 'A'.
Amount of basic family pension:Rs. 4015/- + Family Maximum 2 IDA Relief (IDA or CDA+50%) 02 Pension Pre-revised before 2nd PRC on 12.01.2017 20 Left out service: 04 Years 07 Months 19 Left Out Days Maximum 3 04 Service (to be counted w.r.t. date of death / 15 medical invalidation) Widow/Widower Applicant's Maximum 4 OR OTHERS NIL Status 15 (Tick, whichever is applicable) Terminal Maximum 5 Total terminal benefits Rs.17,34,593/- NIL Benefits 10 Family living in rented house and not Accommod owning his own house OR Own House Maximum 6 NIL ation Living IN Own house..... 10 (Tick whichever is applicable) 36 100 (B) Items with negative points Income of spouse: NIL Income of other dependents: 68,000/-P.A. Monthly (Income from any other source may be Maximum 7 05 Income included. Income/salary certificate issued 20 by employer / Tehsildar may be enclosed.) Belated period, if any: ___ Years ___ Months ___ Days Belated Maximum 8 (To be counted from date of death / NIL Request 35 medical invalidation till date of CGA application in Proforma Part 'A') NET POINTS = (1+2+3+4+5+6) 36-B(7+8) 05 = 31"
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7. Thus, we do not find any infirmity or illegality in the judgment and order passed by the Tribunal rejecting the Original Application. The petitioner has not challenged the criteria or the method of determination of points under the policy. Having applied under the said policy, the petitioner cannot be considered for compassionate appointment unless he fulfills the minimum eligibility requirement prescribed therein.
8. In view of the above, we find no merit in the present writ petition. Accordingly, the writ petition stands rejected.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(R. T. VACHHANI, J) MAHESH/68 Page 4 of 4 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Aug 07 2025 Downloaded on : Thu Aug 07 21:45:47 IST 2025