JUDGMENT :

1. By this petition, inter alia, under article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 7/9.11.2012 passed by the Assistant Director i.e. respondent no.3 (hereinafter referred to as 'respondent no.3') whereby, the application of the petitioner seeking lump sum compensation in lieu of compassionate appointment has been rejected.

2. Tersely stated are the facts:

2.1 The mother of the petitioner Jashiben B. Solanki was serving as Class-IV employee with General Hospital, ESI Scheme, Gotri Road, Vadodara since 29.7.1982 and she passed away on 12.4.2011. Upon demise of the mother of the petitioner, the petitioner submitted an application dated 12.5.2011 for grant of compassionate appointment, as the petitioner was wholly dependent upon his mother and she was the sole earning member.

2.2 The application dated 12.5.2011 of the petitioner, after travelling inter-departmentally and intra-departmentally, came to be returned vide letter dated 9.8.2011 with instructions to be processed in terms of the Government Resolution dated 5.7.2011. The petitioner, being aggrieved, preferred a writ petition being Special Civil Applic