A single judge bench of Justice A.S. Supehia of Gujarat HC dismissed the writ petition filed to direct the respondents authority to consider case of the petitioner sympathetically for compassionate appointment.
The court held that petitioner, who has not challenged the earlier rejection of his case of compassionate appointment for want of educational qualification, is not entitled to lump sum compensation in view of subsequent policy.
Facts:
The facts of the case are that the petitioner is claiming compassionate appointment and in the alternative claiming the compensation as per GR dated 05.07.2011. The father of the petitioner late Shri Arvindbhai Jadav, who was working as a Work Charge Room Boy under the respondent No.3, passed away during the employment on 26.02.2009. The mother of the present petitioner also passed away on 11.06.2008. There are three sisters of the present petitioner, who have married and are staying at their matrimonial home.
The petitioner made an application on 06.04.2009 to the respondent No.2 for granting compassionate appointment as per the Government Resolution dated 10.03.2000. The application of the petitioner was rejected on 20.04.2009 on the ground that he did not possess the minimum qualification of S.S.C. as per the Government Resolution dated 16.03.2005. The Respondent No.2 vide a communication dated 23.06.2009 forwarded the application of the petitioner to the Superintendent Engineer, Karjan Canal Circle, Rajpipla for taking further necessary action but got rejected on the same ground.
Learned advocate appearing for the petitioner had submitted that the petitioner is entitled to first compassionate appointment and secondly, if the same is not granted in the alternative; compensation may be paid. It is submitted that the petitioner is in dire need of money and does not have any source of income and hence, the petitioner may be offered compassionate appointment and if the same is not granted, he may be paid compensation, in view of the policy of the State Government. He further submitted that the petitioner would be entitled to the lump sum compensation, as his father was serving as a Work Charge employee and he has passed away during his service in the year 2009.
Learned advocate appearing for the respondent the case of the petitioner was already rejected by the order dated 20.04.2009 and subsequently, in the year 2010 and the same is not challenged by the petitioner and thereafter, straightaway he has claimed the benefit arising out of the Resolution dated 05.07.2011, whereby and wherein the policy of the compassionate appointment has been rescinded and a new policy of compensation was introduced.
Observations of the Court
The court observed that the petitioner was duly informed by the respondent No.4 vide communication dated 12.05.2010 of rejecting his application. Thereafter, the petitioner went into slumber and woke up in the year 2020, after the Government Resolution dated 05.07.2011 was introduced by the State Government, rescinding the earlier policy of compassionate appointment by way of grant of compensation. The application was also filed in the year 2020 after a period of 9 years of such introduction of the policy.
The scheme of compassionate appointment, which was introduced by the Government Resolution dated 10.03.2000 was replaced by lump-sum financial assistance scheme vide a resolution dated 05.07.2011. Thus, when the petitioner has accepted his rejection of compassionate appointment and has not challenged the same, subsequently, it is not open for the petitioner to claim lump-sum compensation, that too after lapse of almost period of 13 years.
Decision:
The present writ was dimissed in view of the fact that the petitioner, who has not challenged the earlier rejection of his case of compassionate appointment for want of educational qualification, is not entitled to lump sum compensation in view of subsequent policy. The policy dated 05.07.2011 will not apply to the case of the petitioner since his case for compassionate appointment is already rejected.
Case:Tejas Arvind Bhai Jadav vs State of Gujarat
Citation: R/SPECIAL CIVIL APPLICATION NO. 5037 of 2021
Coram: Justice A.S. Supehia
Dated: 14.11.2022
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