Compassionate appointment is an exception to the general rule and can only be granted based on fulfilling the norms laid down by the State's policy and eligibility criteria. No aspirant has a right to claim compassionate appointment, and it cannot be granted after a number of years from the death of the deceased employee.

ORDER :

1. The present petition has been filed for the following prayers:

“(B) To issue a writ of mandamus or any other appropriate writ, direction or order in the nature of writ, directing the respondent no. 2 to issue necessary order giving the present petitioner compassionate service in lieu of his father in the Police Department.

(C) To issue a writ of mandamus or any other appropriate writ, o direction or order in the nature of writ, directing the respondent no. 2 to pay monetary benefits to the dependents of the deceased as per the Government Resolution dated 05.07.2011.”

2. The first prayer would indicate that the petitioner is seeking a direction for compassionate appointment, whereas the another prayer pertains to grant of monetary benefits, as per the Government Resolution dated 05.07.2011.

3. The father of the petitioner-Kaushikkumar Dasrathbhai Barot was working as a Police Constable in the Home Department of the Government of Gujarat. He died on 16.11.2004 due to heart-attack. Accordingly, the mother of the present petitioner-Jignaben, since she was not 10th Standard passed, which is minimum requirement as per the Government Resolution for qualifying for compassionate appointment, was denied appointment on the compassionate ground by the respondent vide communication dated 24.01.2006. Thereafter, she again applied for compassionate appointment on 12.06.2006, which was also denied by the communication dated 08.01.2008 by the respondent No. 2. Thereafter, on introduction of the lump sum monetary assistance scheme vide Government Resolution dated 05.07.2011, the mother of the petitioner again applied for the same. The same was refused by the communication dated 13.12.2011 by assigning the reason that since she is not qualified for compassionate appointment, no monetary assistance can be given as per the Government Resolution dated 05.07.2011. It is the case of the petitioner that he was only 4 years of age, when his father passed away. Now since he has matured and passed higher secondary examination in the year 2017, he would be entitled for compassionate appointment.

4. Learned advocate Mr. Bhrahmbhatt, appearing for the petitioner has submitted that the petitioner is also entitled for both compassionate appointment as well as monetary benefits and the State may be directed to either grant compassionate appointment and if the same is denied, the petitioner may be granted the monetary benefits in view of the Government Resolution dated 05.07.2011. In support of his submissions, he has placed reliance on the judgment of the Division Bench of this Court in the case of Sureshbhai Sumabhai Nayani vs. State of Gujarat, 2022 (1) GLR 84.

4.1 Per contra, learned Assistant Government Pleader has submitted that the compassionate appointment cannot be granted after a period of so many years and once the compassionate appointment has been refused to the mother of the petitioner, the petitioner is neither entitled to compassionate appointment nor the monetary assistance in view of the policy dated 05.07.2011. She has further submitted that even the petitioner has applied in the year 2017 and there has been delay of 13 years, hence, neither the compassionate appointment nor the financial assistance can be granted to the petitioner.

5. I have heard the learned advocates for the respective parties. I have also perused the relevant documents.

6. The facts, narrated hereinabove, would suggest that the father of the petitioner passed away on 16.11.2004. The mother of the petitioner applied for compassionate appointment on 30.11.2004, which was rejected on 24.01.2006. The said rejection has become final, which was not challenged before any legal forum. Again the mother of the petitioner requested, which was also denied in the year 2008. After the State Government rescinded the Scheme of compassionate appointment, vide Resolution dated 05.07.2011 by which, the scheme of grant of lump sum compensation was introduced, the mother of the petitioner a