Sonal Babubhai Sondharva vs Principal District Judge and Another

V.M. Sahai, J.—We have heard Mr. Paresh Upadhyay, learned Counsel for the Appellant. This Letters Patent Appeal has been filed challenging the judgment dated 10th May, 2010 passed by the learned Single Judge in Special Civil Application No. 3822 of 2010.

Brief facts in brief are that the father of the Petitioner was serving as a Peon in the District Court, Amreli and expired on 28.3.1985. It is the case of the Petitioner that at the time when her father expired she was minor and on attaining the age of majority, the Petitioner made an application dated 13.8.2003 to the Respondent No. 1 authority seeking appointment on compassionate ground. As no reply was received by the Petitioner from Respondent authority the Petitioner made another application dated 24.1.2006 seeking appointment on compassionate grounds. However, vide communication dated 4.12.2006, the Petitioner was informed that her case could not be considered as her father has not put in minimum two years of service a per the scheme framed by the Respondent.

For claiming compassionate appointment, as per Rules, class III and IV employees should render service for at least two years. The father of the Petitioner had rendered service only for a period of six months. Therefore, under the Rules, his dependent could not be offered appointment on compassionate ground. The Apex Court in Local Administration Department and Another Vs. M. Selvanayagam @ Kumaravelu, in paragraphs 7 and 8 has held that compassionate appointment cannot be given only on the ground that at the time of death of the deceased, the Appellant was minor and he has become major. Moreover, since the Rules do not permit, the Petitioner was not entitled for compassionate appointment.

For the above reasons, we do not find any merit in this Appeal. This Appeal fails and is dismissed. As the Appeal is dismissed, Civil Application does not survive.