Case Note & Summary
The petitioner, Amratbhai Sursinh Khant, filed a writ petition under Article 226 of the Constitution of India seeking compassionate appointment after his father, who was serving as a peon in the office of respondent No. 1, died in harness on 15.09.2002. The petitioner applied for compassionate appointment on 28.11.2002, but the respondents did not act on it for over three years and finally rejected it on 05.12.2005, citing a change in the State's recruitment policy effective from 16.03.2005, which required a minimum 10th pass qualification for Class IV posts, whereas the petitioner was only 9th pass. The petitioner again approached the respondents with an application dated 23.01.2007, leading to communications between the respondents, but no favorable decision was made. The legal issue was whether the petitioner's application, pending at the time of the policy change, should be considered under the old policy or the new policy. The petitioner argued that the application should be considered under the policy existing at the time of his father's death. The respondents contended that the new policy applied. The Court analyzed that the application was made before the policy change and the respondents had sat on it for years. The Court held that the application must be considered under the policy prevailing at the time of the death of the employee, i.e., 15.09.2002, and directed the respondents to reconsider the application within eight weeks. The petition was allowed.
Headnote
A) Compassionate Appointment - Change in Policy - Pending Application - The petitioner's father died in harness on 15.09.2002, and the petitioner applied for compassionate appointment on 28.11.2002. The application was rejected on 05.12.2005 on the ground that the State had changed its recruitment policy w.e.f. 16.03.2005, requiring minimum 10th pass qualification, whereas the petitioner was only 9th pass. The Court held that the application, having been made prior to the change in policy, must be considered under the policy existing at the time of the death of the employee, and directed the respondents to reconsider the application in accordance with the policy prevailing on 15.09.2002. (Paras 5.1-6)
Issue of Consideration
Whether the petitioner's application for compassionate appointment, which was pending at the time of change in recruitment policy, should be considered under the old policy or the new policy?
Final Decision
The petition is allowed. The respondents are directed to reconsider the petitioner's application for compassionate appointment in accordance with the policy prevailing on the date of death of the employee, i.e., 15.09.2002, and pass appropriate orders within eight weeks from the date of receipt of the order.
Law Points
- Compassionate appointment
- Change in policy
- Application pending at time of policy change
- Right to be considered under old policy
- Article 226 of Constitution of India
