The main legal point established is the need for immediacy in compassionate appointments and the consideration of the financial condition of the deceased employee's family.

ORDER :

VIPUL M. PANCHOLI, J.

1. This is an appeal, filed under Clause-15 of the Letters Patent, by the appellant-original petitioner, assailing the judgment and order passed by the learned Single Judge, Dated: 27.09.2019, in Special Civil Application No. 16338 of 2019, whereby, the learned Single Judge dismissed the captioned petition.

2. The brief facts of the case are that the father of the appellant, who was serving as Principal in grant-in-aid school at Shiva, Taluka: Bhanvad, District: Jamnagar, passed away on 06.09.1997, i.e. after putting in about 22 years of service.

2.1 It is the case of the appellant that pursuant to the sad demise of his father, he had submitted an application dated 20.10.1997 to Respondent No.4 for grant of compassionate appointment. However, the same was not replied to by Respondent No.4.

2.2 The appellant, therefore, made the representation dated 15.07.2002 to Respondent No.4. No reply was received in response to the said representation, as well.

2.3 It is the case of the appellant that he received a letter dated 18.09.2013, whereby, Respondent No.2- DEO pointed out the Scheme/ Policy framed by the State Government vide GR dated 05.07.2011.

2.4 Pursuant thereto, necessary proposal was prepared for payment of lump-sum compensation in lieu of compassionate appointment. However, the aforesaid proposal was rejected vide letter dated 12.03.2014, wherein, it was stated that as there was no application for grant of compassionate appointment filed by the appellant was pending, as on 05.07.2011, the appellant cannot be given the benefit of the aforesaid government resolution.

2.5 Being aggrieved with the same, the appellant preferred Special Civil Application No. 10988 of 2014, which was disposed of by the learned Single Judge vide order dated 07.07.2016, by directing the Respondent-authorities to consider the case of the appellant within the period of four months.

2.6 The respondent-authorities vide communication dated 28.06.2018 rejected the request made by the appellant and therefore, the appellant preferred the captioned petition, which came to be dismissed vide order dated 27.09.2019. Hence, the present appeal.

3. Learned Advocate, Mr. Kanade, appearing for the appellant submitted that the appellant had already made an application for grant of compassionate appointment before the concerned authority within the period of six months from the date of demise of his father, i.e. on 20.10.1997. It was, however, stated that the appellant is not having any proof with regard to receipt of such an application by the Respondent-authorities.

3.1 It was submitted that the Respondents have wrongly rejected the request/ application made by the appellant on the ground that on the date of the framing of the policy/ government resolution, i.e. 05.07.2011, no application of the appellant was pending before it. It was, thus, submitted that the appellant is entitled to get lump-sum compensation, in lieu of compassionate appointment, as per GR dated 05.07.2011.

3.2 It was, further, submitted that the learned Single Judge failed to appreciate the aforesaid important aspect and therefore, the order passed by the learned Single Judge be quashed and set aside and thereby, appropriate directions be issued to the Respondents offer either compassionate or alternatively, grant lump-sum compensation in lieu of the same.

4. On the other hand, learned AGP, Mr. Raval, strongly opposed the present appeal and submitted that the Respondents rightly rejected the claim of the appellant for grant of compassionate appointment, since, there was no application made by the appellant was pending on the date of framing of policy/ issuance of GR dated 05.07.2011. It was, therefore, prayed that this appeal be dismissed.

5. We have heard the learned Advocates for the parties and also perused the material on record. Here, it is pertinent to note that the object of the policy of giving appointment on compassionate ground to the bereaved family members of the empl