SHOBHNABEN H CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr Anand B Gogia, learned counsel for the appellants and Mr N.J. Shah, learned Asstt.Government Pleader for the respondent-State. With the consent of the learned counsel for the parties, this Appeal is taken up today itself for final disposal.

(2.) MR Hasmukhbhai Bhagabhai Chauhan who was working as Chowkidar in the office of respondent No.3 died in harness on 7.10.2008. His widow, Shobhnaben H. Chauhan claimed to be the wife of the deceased, claimed appointment on compassionate ground. One Jasuben Ramji, D/o Keshabhai also claimed to be the wife of the deceased. The post-death benefits of the deceased were not released to the appellant. The Executive Engineer directed both the claimants wife to produce a certificate from the competent Magistrate about heirship. This order was challenged by the appellant in Special Civil Application No.12783 of 2010. The learned Single Judge, on 13.10.2010 dismissed the writ petition in spite of the learned counsel for the petitioner's request for withdrawing the writ petition. Interest of justice would be served if the order of the learned Single Judge dated 13.10.2010 is set aside and the appellants are permitted to file heirship certificate before the authority concerned for grant of post-death benefits as well as appointment on compassionate grounds.