Bhumika Vijaysinh Rathod vs State of Gujarat and Others

K.S. Jhaveri

By way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 19.11.2011 passed by the respondent, whereby the case of the petitioner for appointment on compassionate grounds was rejected. The husband of the petitioner was serving as a Peon'' in the Office of respondent No. 1 and died in harness on 09.09.2011. On 28.09.2011 the petitioner made an application seeking appointment on compassionate grounds. The application for compassionate appointment preferred by the petitioner came to be rejected on 19.11.2011 by the respondent. Being aggrieved by the same, the present petition has been preferred.

Heard learned counsel for the respective parties. The husband of the petitioner passed away on 09.09.2011 and the application seeking compassionate appointment was made by the petitioner on 28.09.20110. However, the same was rejected vide order dated 19.11.2011 in view of the Government Resolution dated 05.07.2011, wherein it is stated that the petitioner is not entitled for compassionate appointment but he is entitled for lump sum compensation. Thus, the application of the petitioner was subsequent to the policy and therefore, the respondents were completely justified in rejecting the application of the petitioner. Considering the facts of the case and the principle rendered by the Apex Court in Union of India (UOI) and Another Vs. B. Kishore, , Local Administration Department and Another Vs. M. Selvanayagam @ Kumaravelu, , I do not find any reasons to entertain this petition. Hence, the petition is dismissed summarily.