( 1 ) THIS is a petition by the son of a government employee, who expired on 7. 7. 1983, when he was in service. The petitioner has prayed that he should be given appointment to a class III or class IV post on compassionate ground as his father passed away while in harness.

( 2 ) LEARNED advocate Shri N. V. Gandhi appearing for the petitioner has submitted that after the death of the petitioners father, the family was in financial difficulties and as his family was not having sufficient income, the petitioner, as one of the dependents of late Shri Gopalbhai Rathod, had submitted an application for appointment to a class III or class IV post on compassionate ground under the respondents. The said application had been turned down and, therefore, the petitioner has been constrained to approach this court by way of this petition.

( 3 ) THE relevant facts giving rise to this petition are as under :

( 4 ) FATHER of the petitioner expired on 7. 7. 1983 when he was in service. The petitioner had made a request for being appointed to a class III or class IV post on compassionate ground by applications dated 16. 6. 1998, 6. 8. 1998, 16. 10. 98, 1. 12. 1998 and 22. 12. 1998, but the said applications were rejected. The petitioner was informed by an order dated 3. 11. 1999 that as the applications submitted by the petitioner were not within the time prescribed, the petitioners request for being appointed to any post on compassionate ground had been rejected.

( 5 ) LEARNED advocate Shri Gandhi appearing for the petitioner has submitted that on 7. 7. 1983 when the father of the petitioner expired, the petitioner was hardly 13 years old and in the circumstances it was not possible for him to make any application for being appointed to any post on compassionate ground. Upon attaining majority, the petitoner came to know that he could have submitted an application to the respondent authorities for being appointed to a class III or class IV post on compassionate ground as his father, late Shri Gopalbhai Rathod, had expired when he was in service.

( 6 ) IT has been submitted by the learned advocate that looking to the financial position of the petitioners family and looking to the policy laid down by the State of Gujarat with regard to giving appointment on compassionate ground, the respondent authorities ought to have entertained the application submitted by the petitioner and the application should not have been rejected on the ground that the first application was not within the prescribed period. He has reiterated that as the petitioner was hardly 13 years old at the time when he lost his father, it was impossible for the petitioenr to submit an application for appointment and even if he had submitted an application for appointment to a class III or IV post on compassionate ground, the respondent authorities could not have given him any appointment as he was a minor at the relevant time. It has been therefore submitted by him that the respondent authorities should be directed either to give an appointment on compassionate ground to the petitoner or to reconsider the case of the petitioner in the light of what has been submitted by him hereinabove.

( 7 ) LEARNED advocate Shri Gandhi has relied upon a judgment delivered by this court in the case of Satyendrakumar Parbatsinh Zala v. Secretary, Education Department, Gandhinagar and Ors. , 1993 (1) GLH 308, to substantiate the arguments advanced by him. He has relied upon the said judgment so as to show that even considerably long after the death of the concerned employee, one of the legal heirs can be given appointment on compassionate ground. He has relied upon the observations made in paras 12 and 13 of the said judgment.

( 8 ) I have heard the learned advocate and have also perused the relevant documents referred to in the petition. In my opinion, this court cannot interfere in the matter of a compassionate appointment at this stage for the reason that the father of the petitione