Anishbhai Sirajbhai Vora C/o. Adambhai Ibrahimbhai Vora v. State of Gujarat
2018-01-10
A.S.SUPEHIA
body2018
DigiLaw.ai
JUDGMENT : 1. At the outset learned advocate Mr.Champaneri for the petitioner has stated that the petitioner is ready and willing to accept the compensation as per the prevailing policy of the State Government. 2. Father of the petitioner was serving as a Range Clerk under the respondent authorities and after putting approximately 24 years of service he died on 04.09.2010 while in service. Thereafter, the petitioner, being an eldest son of the deceased employee, applied for compassionate appointment vide application dated 22.10.2010. The same was forwarded by the Range Forest, Umreth i.e. respondent No.4 to respondent No.3 for appropriate action. After some inter se communications the petitioner received the impugned order dated 10.10.2011, wherein the case of the petitioner is rejected for compensate appointment and decided that the petitioner may apply for the financial assistance as per the new policy. 3. Learned advocate for the petitioner has placed reliance on the policy dated 05.07.2011 (Annexure-G to the petition), wherein the State Government has introduced a new scheme of compensation instead of providing compassionate appointment to the legal heirs of a deceased employee. He has stated that subsequently the State Government has revised the amount towards ex gratia payment specified in Paragraph No.3 of the policy dated 05.07.2011. Learned advocate for the petitioner has urged that while deciding the case of the petitioner for ex gratia payment, the respondent authorities may also consider the revised ex gratia to be granted to the legal heirs of the deceased employee. 4. Learned Assistant Government Pleader Mr.Chintan Dave appearing on behalf of the respondent authorities has submitted that the case of the petitioner will be considered for the financial assistance, if he makes an application to that effect. 5. In light of the aforesaid submission, it is recorded that if any such application for ex gratia payment is made by the petitioner, the respondent authorities shall consider and decide the same in light of the prevailing policy. The respondent authorities may also consider whether the petitioner is entitled for the revised ex gratia payment.
5. In light of the aforesaid submission, it is recorded that if any such application for ex gratia payment is made by the petitioner, the respondent authorities shall consider and decide the same in light of the prevailing policy. The respondent authorities may also consider whether the petitioner is entitled for the revised ex gratia payment. Learned advocate for the petitioner, under instructions, states that the petitioner shall file a necessary application to that effect within a period of 10 days from receipt of this judgment and the respondent authorities are directed to decide such application and pass appropriate orders in light of the observations made by this Court in this judgment within a period of two months thereafter. 6. The present petition stands disposed of accordingly. RULE is made absolute to that extent. Direct service is permitted.