Case Note & Summary
The petitioner, Dinesh Kanjibhai Rathava, filed a writ petition under Articles 14 and 226 of the Constitution of India challenging the conditions in orders dated 17.11.2016 and 21.11.2016 and resolution dated 16.6.2015 issued by the State of Gujarat and its authorities. The petitioner's father died in harness on 30.04.1994 while serving as a Beat Guard. The petitioner applied for compassionate appointment and was appointed as a Clerk (Class-III) on ad-hoc basis on 15.04.1996. As a condition of service, he was required to pass a pre-service training examination, which he failed despite multiple attempts. Apprehending termination, he filed Special Civil Application No.8638 of 1999, which was disposed of on 04.02.2002 with an observation that if he applied for absorption on a Class-IV post, his case would be considered. Subsequently, the petitioner was absorbed as a Class-IV employee, but the orders imposed conditions forfeiting his earlier service as Class-III and provided a fixed salary instead of the regular pay scale. The petitioner contended that these conditions were arbitrary and violative of Articles 14 and 16. The court analyzed the relevant rules and precedents, including the Gujarat Civil Services (Compassionate Appointment) Rules, 1993, and held that the forfeiture of past service and fixed salary condition were illegal. The court directed that the petitioner's past service be counted for seniority and that he be paid minimum pay scale with allowances. The petition was allowed.
Headnote
A) Compassionate Appointment - Forfeiture of Past Service - Condition in appointment order forfeiting earlier service as Class-III employee upon absorption to Class-IV post is arbitrary and violative of Articles 14 and 16 of the Constitution - The court held that the petitioner's past service as Class-III employee cannot be wiped out and must be counted for seniority and consequential benefits (Paras 1-39). B) Compassionate Appointment - Fixed Salary - Resolution dated 16.6.2015 providing fixed salary instead of minimum pay scale for compassionate appointees is illegal - The court directed that the petitioner be paid minimum pay scale with permissible allowances as applicable to Class-IV employees, following the principle in Brijesh Vipinchandra Shah's case (Paras 1-39).
Issue of Consideration
Whether the conditions in the order dated 17.11.2016 and 21.11.2016 and resolution dated 16.6.2015, which forfeit earlier services and provide fixed salary instead of regular pay scale, are illegal and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The petition is allowed. The conditions for forfeiting earlier services in the orders dated 17.11.2016 and 21.11.2016 and resolution dated 16.6.2015 are quashed and set aside. The respondents are directed to consider the seniority of the petitioner from his initial date of appointment in Class-III post and grant all consequential benefits. The respondents are also directed to pay minimum pay scale with permissible allowances to the petitioner as applicable to Class-IV employees.
Law Points
- Compassionate appointment
- forfeiture of past service
- fixed salary
- minimum pay scale
- Articles 14 and 16 of Constitution of India
- Gujarat Civil Services (Compassionate Appointment) Rules
- 1993
