Case Note & Summary
The petitioner, Dineshkumar Becharbhai Khadayata, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to grant him compassionate appointment. His father died while in service on 04.02.2006, and the petitioner submitted an application for compassionate appointment on 07.04.2006, which remained pending for nearly 15 years. The State of Gujarat had issued a Government Resolution (GR) dated 05.07.2011, which introduced a scheme of lump-sum compensation in lieu of compassionate appointment. Clause 6 of the GR specifically provided that any pending application for compassionate appointment as on the date of the resolution would be considered under the new GR. The Court noted that the petitioner's application had been pending since 2006 and that the petitioner had not approached the Court earlier. However, the Court found that the respondents were obligated to consider the application in light of the GR. The Court directed the respondents to treat the petition as a representation and decide the petitioner's claim for compassionate appointment or lump-sum compensation in accordance with the GR dated 05.07.2011, within a period of eight weeks from the date of receipt of the order. The petition was disposed of accordingly.
Headnote
A) Service Law - Compassionate Appointment - Pending Application - Government Resolution dated 05.07.2011, Clause 6 - The petitioner's father died in service on 04.02.2006; the petitioner applied for compassionate appointment on 07.04.2006, which remained pending. The State issued a GR on 05.07.2011 offering lump-sum compensation in lieu of appointment, with Clause 6 directing that pending applications be considered under the new GR. The Court held that the respondents must consider the petitioner's application in accordance with the GR dated 05.07.2011 and pass a reasoned order within eight weeks. (Paras 4-6)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment or lump-sum compensation under the Government Resolution dated 05.07.2011, given that his application of 2006 remained pending.
Final Decision
The Court directed the respondents to treat the petition as a representation and decide the petitioner's claim for compassionate appointment or lump-sum compensation in accordance with the Government Resolution dated 05.07.2011, within eight weeks from the date of receipt of the order. The petition was disposed of.
Law Points
- Compassionate appointment
- pending application
- Government Resolution dated 05.07.2011
- lump-sum compensation in lieu of appointment
- Clause 6 of GR
- Article 226 of Constitution of India
