- (1.) Instant writ petition has been filed by the petitioner for quashing communication dated 06.01.2011 with further prayer for direction to treat the petitioner within age for providing appointment on compassionate ground on the ground that the petitioner was within age limit on the date of submission of application by his mother on 23.01.2008. It is also prayed that the respondents may be directed to provide appointment to the petitioner on compassionate ground in view of the policy and rules of the respondents keeping in view the qualification possessed by the petitioner. Brief facts of the case are that the petitioner's father late Veni Giri Goswami died on 31.10.2007 while in service on the post of CCA-III in the respondent Department. The petitioner's mother submitted an application on 23.01.2008 in which it is requested by her that her son may be provided appointment on compassionate ground because her husband died while in service. The application of the petitioner's mother was received in the respondent Department on 23.01.2008 which is not in dispute.
(2.) The respondents sent letter to the petitioner's mother in which she was asked to submit all documents so as to take appropriate action for providing appointment on compassionate ground. As per contention of the petitioner, all the documents were submitted before the authority in pursuance of the communication dated 18.03.2008. Thereafter vide communication dated 27.05.2009, the respondents further asked the petitioner's mother to submit affidavit so that action may be taken for providing appointment.
(3.) The petitioner submitted affidavit as required vide Annex. 6 dated 17.12.2009. The case of the petitioner was sent to the Deputy Director (Personnel), A.V.V.N. Ltd., Udaipur for providing appointment by the Executive Engineer (O & M), A.V.V.N. Ltd., Amet (District Rajsamand); but, unfortunately again a communication was sent for sending original documents. The petitioner submitted the relevant original documents also but finally the respondents denied appointment vide communication dated 06.01.2011 on the ground that the date of birth of the petitioner is 06.12.1975 and the day on which the petitioner's affidavit was verified i.e., 05.11.2009, he became 33 years and 11 months of age, therefore, he has crossed the age limit prescribed for the post after granting age relaxation upto 33 years.;