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Judgment
K.S. Jhaveri, J.—By way of this petition the petitioner has prayed to quash and set aside the orders dated 24.3.2005 and 21/27.4.2005 passed by the respondent No. 2 and order dated 5.12.2006 passed by the respondent No. 1, ordering that the petitioner is entitled to fixed salary of Rs. 2500/- per month by way of holding that the same are illegal, unjust, arbitrary and further to declare that the petitioner is entitled to regular pay scale meant for the cadre of junior clerk with effect from 3.2.2005.
The brief facts of the case are as under:
2.1 As per the say of the petitioner the father of the petitioner was a government servant and passed away while he was in service. The petitioner made an application for compassionate appointment to the Director of Agricultural, Government of Gujarat but the same came to be rejected.
2.2 The petitioner therefore preferred a writ petition bearing Special Civil Application No. 5435 of 2002, whereby this Court vide order dated 17.10.2002 directed the respondent authorities to reconsider the Government Resolutions dated 10.3.2000 and 7.9.2002.
2.3 The petitioner made several representations. However no action has been taken and therefore the petitioner preferred an application bearing Misc. Civil Application No. 1078 of 2003 in Special Civil Application No. 5435 of 2002. The said application came to be disposed of vide order dated 2.9.2003 on statement of the learned A.G.P. to the effect that appropriate orders would be passed for the appointment of the petitioner on compassionate ground.
2.4 Vide order dated 9.7.2003, the Respondent No. 4 directed the Director General of Police to appoint the petitioner as a Class III, unarmed police constable. The petitioner appeared as per the instructions received from the Office of Director General of Police for the physical tests, but he was declared unsuccessful.
2.5 The D.G.P. at Gandhinagar addressed a letter to the Secretary, GPSC, for the appointment of the petitioner in any other cadre. Vide order dated 18.12.2003, the D.G.P., appointed the petitioner as armed police constable. Through another order dated 30.12.2003, the petitioner was appointed as armed police constable at Anand under the Superintendent of Police at Anand. Vide order dated 15.1.2004, the petitioner was appointed in the pay scale of Rs. 2750-4400 plus other allowance on several terms and conditions by Superintendent of Police at Anand.
2.6 Due to the ill-health, the petitioner could not attend the training at Junagadh. He had produced the medical certificate and further made a request for change of cadre. The D.G.P, therefore issued an order to cancel the appointment of the petitioner as armed police constable and put him as a clerk in the office of the Police Commissioner, Ahmedabad. The Superintendent of Police has approved the leave of the petitioner and his service was treated as continuous.
2.7 The respondent No. 2 vide its order dated 244.3.2005, ordered that the petitioner would be paid a fixed monthly salary of Rs. 2500/- as Junior Clerk for a period of five years.
2.8 Another order dated 21/27.4.2005 was passed by the respondent placing the petitioner in the fixed pay scale of Rs. 2500/- p.m. Therefore the salary of the petitioner reduced to Rs. 2500/- from the regular pay scale.
2.9 The petitioner filed Special Civil Application bearing No. 1129 of 2006, wherein this Court vide its order dated 28.9.2006, directed the respondent No. 1 to consider the representation of the petitioner. The detailed representation been made, but no action has been taken. Hence this petition.
Heard learned advocates for the respective parties and perused the documents on record.
From the record it revealed that the petitioner was appointed as Armed Police Constable on compassionate ground. During the training the petitioner received injuries on his knee and due to this civil surgeon opined that the petitioner may be given light duty. As such there is no provision for entrustment of light duty and the case of the petitioner for entrustment of light duty was pending before the Gujarat Subordinate Services Selection Board. During the pendency of the said case, the Government vide its resolution dated 15.6.2004 introduced a scheme of appointment on compassionate ground on the fixed pay scale. It was inter alia provided in the said Government resolution that the decision in principle has been taken by the State Government to offer appointment on Class-III, and Class IV on the fixed pay of Rs. 2500/- and 1500/-. It was further provided in the said resolution that the said appointment would be an ad-hoc appointment till completion of satisfactory service of five years. In that view of the matter, the authority has considred the case of the petitioner for light duty and offered appointment to the petitioner on fixed pay of Rs. 2500/-. as per scheme of compassionate appointment. In that view of the matter, the view taken by the authority is just and proper and in accordance with law. No case is made out to cause interference. Hence petition is dismissed. Rule is discharged with no order as to costs.