ORDER :

1. This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed that the respondent authority be directed to consider the application of the petitioner for appointment on compassionate ground and the order/communication dated 08.01.2004 be quashed and set aside.

2. Heard learned advocate Ms. Vidita Jayswal for the petitioner and learned AGP Mr. Hardik Mehta for the respondent – State.

3. Learned advocate for the petitioner submitted that father of the petitioner viz. Kababhai Kukabhai Baladhiya was working as work-charge labour with the respondent department. The father of the petitioner died on 21.05.1997 while in service. Thereafter the petitioner has submitted an application to the respondent authority with a request that he may be appointed on compassionate ground. It is submitted that the said application was forwarded to the concerned competent authority. The petitioner supplied necessary details to the respondents. However, vide impugned communication dated 08.01.2004, the respondent authority has rejected the request of the petitioner mainly on the ground that mother of the petitioner is working as work-charge employee with t