Gujarat High Court

Vijayrajsinh Jayrajsinh Gohil vs State Of Gujarat on 4 August, 2025

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                           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
                      ==========================================================

                                  Approved for Reporting                               Yes               No
                                                                                        ✓
                      ==========================================================
                                               VIJAYRAJSINH JAYRAJSINH GOHIL
                                                           Versus
                                                  STATE OF GUJARAT & ORS.
                      ==========================================================
                      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
                      ==========================================================

                         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

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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

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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.

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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

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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

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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

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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

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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

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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

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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.