PRAKASHKUMAR VITTHALBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Thakkar, learned Assistant Government Pleader waives notice of rule for respondent No. 1. Presence of respondent No. 2 is not required at this stage since the decision is taken by the State Government and the respondent No. 2 has only communicated the decision.

(2.) THE petitioner by this petition is seeking directions to quash and set aside the decision dated 15. 12. 2008 passed by the respondent authority whereby the compassionate appointment has been denied to the petitioner.

(3.) UPON hearing the learned counsel appearing for the petitioner and respondent State Authority, it appears that in the present case the compassionate appointment has been denied on the ground that the family of the deceased employee is receiving pension of Rs. 7168/- per month and the retiral benefits are paid of Rs. 7,16,111/ -. The additional aspect in the present case is that the income of the other members of the family is Rs. 84,000/- and the elder brother is earning Rs. 5,500/- basic salary of stenographer. So far as the other adult member of the family is concerned, whether he is staying separately or not is also an aspect which is required to be taken into consideration by the authority and if such member of the family is staying separately and is having his own family, his income may not be required to be considered. If the income of the family is taken into consideration of pension and the retiral benefits, it appears that the issue on the said aspect is covered by the decision of this Court dated 02. 11. 2009 in Special Civil Application No. 11243 of 2009 and allied matters wherein this Court has observed at para 8 to 13 as under: