DEEPAKKUMAR HASMUKHRAI OFFICER Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) RULE. Ms Thakkar, learned Assistant Government Pleader waives notice of rule for respondent Nos. 1 and 2. In view of the directions given hereinafter the presence of respondent No. 3 may not be required at this stage since the decision is by the State Government.

(2.) WITH consent of the learned advocate appearing for the petitioner and the learned Assistant Government Pleader for respondent Nos. 1 and 2, the matter is finally heard.

(3.) UPON hearing the learned advocates appearing for both the sides, it appears that the petitioner applied for compassionate appointment and earlier it was rejected on the ground of the income of the family. The petitioner approached this Court by preferring Special Civil Application No. 2849 of 2009, and this Court vide judgment dated 19. 06. 2009, quashed the decision for the reasons recorded therein and directed for the reconsideration of the matter. It appears that thereafter the matter was reconsidered but unfortunately vide impugned order dated 19. 09. 2009, again the application has been rejected on the ground of income of pension and the amount paid towards retiral benefits to the family members of the deceased. It appears that the issues which arise for consideration in the present case are covered by the decision of this Court dated 02. 11. 2009 in Special Civil Application No. 11243 of 2009 and allied matters. This Court in the said decision inter alia observed at para 8 to 13 as under: