PATEL RAJENDRAKUMAR KANTILAL Vs. PRINCIPAL MANAGER

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction directing the respondents to appoint the petitioner on compassionate ground on the death of his father, who has died in the year 1990.

(2.) IT is not in dispute that the father of the petitioner died on 01/02/1990 and the widow, mother of the petitioner had made an application for compassionate appointment on 26/03/1990 for any of her sons. After the petitioner became major proper proposal for appointment on compassionate ground as Peon in the respondent no. 1 School was submitted before respondent no. 2 but the same was rejected on 24/10/2000 on the ground that the income of the family exceeds Rs. 1000/- and, therefore, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) IDENTICAL question came to be considered by this Court in Special Civil Application Nos. 1678/1997 and 1903/2005 and in the case of DHARMENDRASINGH VANRAJSINH JADEJA Vs. STATE OF GUJARAT and Ors. reported in 2009 (1) GLR 434. This Court has relied upon the decisions of the Hon'ble Supreme Court in the case of STATE OF Jand K ORS Vs. SAJAD AHMED MIR reported in (2006) 5 SCC 766 and in the case of NATIONAL HYDROELICTRIC POWER CORPORATION AND ANR Vs. NANAK CHAND AND ANR reported in 2004 AIR SCW 6339 rejecting the applications, which were filed belatedly.