The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, and the delay in seeking compassionate appointment may lead to the rejection of the claim.

ORDER :

1. Heard learned Advocate Mr.Gaurang Chauhan for the petitioner and learned AGP Mr.Ayaan Patel for the respondent State.

2. By way of this petition, the petitioner has sought for the following main prayers :-

“8.(A) Your Lordship may be pleased to issue a writ of mandamus and/or any other writ in the nature of mandamus direct the respondents authorities to give appointment to the petitioner on behalf of the demise of his father in the ongoing service tenure as per the resolution dated 25.4.2008 being No.PRC – 102007 – 888 – K. Annexure-”A”.

(B) Pending admission, hearing and final disposal of the present petition direct the respondent authorities to give appointment to the petitioner on behalf of the demise of his father in the ongoing service tenure as per the resolution dated 25.4.2008 being No.PRC – 102007 – 888 – K. Annexure - “A”.

3. Considering the submissions made by learned Advocate Mr.Chauhan and having regard to the averments made in the petition, it would appear that the petitioner is seeking compassionate appointment on account of the demise of his late father on 20.2.2010 in harness. It would appear that the request of the petitioner for grant of compassionate appointment made vide application dated 10.3.2010 had been rejected by the respondents vide communication dated 23.6.2010 inter alia on the ground that the petitioner did not pass matriculation, which was the requirement for being eligible to be appointed on Class-IV post.

4. It is now being contended that later on the petitioner had passed the said examination and the respondents now be directed to grant compassionate appointment to the petitioner.

5. As against such submissions, learned AGP Mr.Patel would rely upon the observations of this Court in case of Mukeshbhai Haribhai Dhanani Vs. State of Gujarat vide order dated 14.12.2023 in SCA No.15774 of 2022, more particularly relying upon the observations of the Hon’ble Apex Court in case of State of West Bengal vs. Debabrata Tiwari in Civil Appeal No. 8842 of 2022 and decision of the Hon’ble Supreme Court in case of State of Maharashtra vs. Madhuri Maruti Vidhate reported in AIR 2022 (SC) 5176. Learned AGP would submit that as such the request made by the petitioner had been rejected in the year 2010 and the petition being preferred after 13 years reflects the fact that there is no sense of immediacy for seeking compassionate appointment, more particularly as observed by the Hon’ble Apex Court and this Court and whereas, learned AGP would request this Court not to grant any indulgence in the present petition.

6. Considering the submissions made by the learned Advocates for the parties and having regard to the observations made by this Court in case of Mukeshbhai Haribhai Dhanani (supra) since it appears that the facts could be co-relatable, paragraphs 10 to 14 are reproduced herein below for benefits :-

“10. Considering the submissions made by learned Advocate for the parties, the issue which arises for consideration of this Court is whether, the petitioner makes out a case for grant of compassionate appointment.

11. The Hon’ble Supreme Court in case of State of West Bengal (supra), more particularly, at paragraph no. 7 has inter alia explained with regard to rational behind the policy of compassionate appointment. Paragraphs no. 7, 7.1 7.2, 7.3 and 7.4 being relevant for the present purpose, are reproduced hereinbelow for benefit:

“7. The majesty of death is that it is a great leveller for, it makes no distinction between the young and the old or the rich and the poor. Death being as a consequence of birth at some point of time is inevitable for every being. Thus, while death is certain, its timing is uncertain. Further, a deceased employee does not always leave behind valuable assets; he may at times leave behind poverty to be faced by the immediate members of his family. Therefore, what should be done to ensure that death of an individual does not mean economic death for his family? The State’s obligation