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N. V. ANJARIA, DEVAN M. DESAI
Jeshingbhai Paljibhai Rathod – Appellant
Versus
State Of Gujarat Thro Secretary – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
The central issue to be addressed in this Letters Patent Appeal arising from judgment and order dated 28.6.2022 of learned single Judge, is whether while considering the case of compassionate appointment, the set of rules in vogue at the time of making application for compassionate appointment would be applicable, or the policy prevalent at the time when the application is actually considered for the purpose of grant of benefit, would apply.
2. The prayer in the main petition was to set aside the decision of respondent No.2 – Superintending Engineer, Road and Building Department, denying the petitioner the compassionate appointment. The petitioner was offered lump-sum compensation as per the new policy.
3. The father of the petitioner was an attendant in the office of the respondent Executive Engineer. He died on 22.10.2010 while in service. The petitioner who was legal heir of the deceased employee made an application on 30.11.2010 for appointment on compassionate ground. It was forwarded and processed in the department. It was then also forwarded to the Gujarat Public Service Commission, which finally passed order dated 29.9.2011
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
(1) Every appointment to a post or service must be made strictly by adhering to mandate of Articles 14 and 16 of Constitution.(2) Appointment on compassionate grounds is not automatic, but subject to....
The right to consideration for compassionate appointment is governed by the rules in force on the date of death of the employee in harness, and the change in rules affecting the dependant's candidatu....
It is an exception to general rule that recruitment to public services should be on basis of merit, by an open invitation providing equal opportunity to all eligible persons to participate in selecti....
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
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