VAIDYA, J. - (1.) Pravin J. Sindhal by this writ petition under Arts. 14, 16 and 226 of the Constitution of India, has moved this Court, inter alia praying for issuance of the writ of mandamus or any other appropriate writ, direction or order directing the respondents-The General Manager, Gujarat State Road Transport Corporation, Ahmedabad and the Divisional Controller, Kachchh Division, Bhuj, the respondent Nos. 1 and 2 herein respectively, to appoint him on compassionate ground to any suitable post in any of its departments with immediate effect.
(2.) According to the petitioner, he happens to be son of the deceased- Jeram Meghji Sindhal who was serving as Bus Driver at Bhuj Depot of G.S.R.T. Corporation (respondent No. 2 herein) and died on duty in an accident that took place on 27-4-1975, near Gondal while driving his bus on Bhuj-Junagadh route. According to the petitioner, his birth date is 5-12- 1963, and accordingly, at the time when his father met with accidental death, he was minor being that of 12 years only. On attaining majority on 5- 12-1981, petitioner submitted an application dated 9-12-1981 (Annexure 'C') to the Divisional Controller, Bhuj (respondent No. 2 herein) requesting him to give suitable job in S. T. Corporation on compassionate grounds as a helpless dependent son of his father who died in an accident while on duty. Further according to the petitioner, though his mother was assured by Mr. Parikh, the then Controller of the S. T. Corporation, Bhuj Depot that he will try to give her job as a Water Woman, however, the same ultimately remained only at the stage of lip service, as nothing was materialised thereafter. According to the petitioner, he has studied upto Std. VIII and there being no earning member in the family who can look after them in these hards days of economic crisis, he submitted his application to the respondent No. 2. The further grievance of the petitioner is to the effect that despite this application, the respondent-Corporation had no courtesy even to acknowledge the same. Under the circumstances, the petitioner once again sent another application dated 15-5-1984 (Annexure 'D') to the General Manager of the Corporation at Ahmedabad requesting him to re-consider his case for appointment on compassionate ground as per the General Standing Order No. 361. This was fortunately replied to by the respondent vide his two different letters dated 20-5-1984 and 4-6-1984 (Annexure 'E') expressing regret that they were unable to give him a job. Thereafter, petitioner made yet one more attempt by submitting an application dated 25-10-1984 (Annexure 'F') to the respondent No. 2 praying for giving him job as a helper. This, it appears also fail to bring about the desired result. However, though having failed so far but not frustrated, the petitioner made one more attempt by sending a registered letter dated 8-2-1991 (Annexure 'G') to the Managing Director of the Corporation at Ahmedabad (respondent No. 1). It is also the case of petitioner that when he personally met the respondent No. 2 at Bhuj on 6-6-1991, he was given consolation to the effect that as and when there will be vacancy, he will be given suitable appointment. Not only that but thereafter on 31-7-1991, petitioner was called for the post of Chowkidar but somehow, he was not given appointment. It is under these exasperating circumstances of utter helplessness and compulsion of hunger and starvation that the petitioner has been constrained to knock the doors of this Court by way of present Writ Petition inter alia praying for direction to the respondent -Corporation to give him immediately any suitable appointment on the compassionate grounds.
(3.) Mr. Bhavyesh Mankad, the learned Advocate for the petitioner on the basis of facts situation highlighted above submitted that the petitioner was indeed the most needy and deserving person who as per the accepted policy of giving appointment on compassionate grounds should have been given suitable appointment in the S. T. Corporation, and yet the same is denied to him. Mr. Mankad further submitted that once the Corporation having adopted the policy of giving job to the dependent of deceased employee on compassionate grounds, there appears to be no justification whatsoever for not giving the same to the petitioner. Mr. Mankad in support of this submission has relied upon following decisions of this Court as well as that of the Supreme Court : (i) Special Civil Application No. 7324 of 1990, decided on 3-9-1991. (Coram : N. J. Pandya, J.) (ii) Special Civil Application No. 2951 of 1991, decided on 5-2-1991. (Coram : S. D. Shah, J.) (iii) Divyaben D. Oza v. Divisional Controller, State Road Transport Corporation, Ahmedabad, reported in [1989 (2)] XXX (2) GLR 967. (iv) Smt. Sushma Gosain and Ors. v. Union of India and Ors., reported in AIR 1989 SC 1976. 3.1 On the basis of the above submissions, Mr. Mankad finally urged that the respondents be directed to immediately appoint the petitioner on any suitable post in the Corporation on compassionate grounds.;