( 1 ) WHETHER any dependent can be denied the benefit of appointment on compassionate grounds under the pretext that his/her widow mother would be entitled to get Family Pension alongwith some Provident Fund Gratuity and other incidental service benefits and also that the dependent son or daughter was residing with her? This in short is the question of quite some importance that arises for consideration in the present petition in the background of following facts

( 2 ) BACKGROUND - Father of the petitioner Chanabhai namely Bababhai Karsanbhai Maru was appointed by Dhandhuka Nagar Panchayat [respondent No. 1 herein] in the year 1957 as a Sweeper and thereafter was confirmed on the said post and continued to serve till the time he died on 15 rendering in all services for 30 long years. As the deceased Bababhai K. Maru was the only bread-winner in his family and the petitioner being his eldest son had applied to the respondent-Nagar Panchayat for appointment on compassionate grounds as a Sweeper. Both the petitioner and his mother approached the respondents several times requesting them orally to be kind enough to appoint him on compassionate grounds however since the s