STATE OF GUJARAT Vs. BALDEVSINH GAMBHIRSINH SOLANKI

JUDGEMENT

(1.) (Per : MR.JUSTICE J.N.BHATT) In this group of Letters Patent Appeals, since common question as regards compassionate appointment is involved and covered, upon joint request, they are being disposed of by this common judgment. This group of Letters Patent Appeals, at the instance of the State of Gujarat, by invocation of clause 15 of the Letters Patent, is filed challenging the judgments and orders of the learned single Bench in various writ petitions under Article 226 of the Constitution of India. The respondents are, thus, the original petitioners in whose favour the learned single Bench has ruled. It has been held that the original petitioners are entitled to the benefits of the Scheme of Compassionate Appointment of the Government.

(2.) Although there is a purpose and policy behind carving out appointment in public service by introducing Scheme of giving compassionate appointment to the members of the dependant family of the Government employees who died during servic and the same has been upheld by catena of judicial pronouncements, in view of the consensus, in these group of appeals, it would not be necessary for us to divulge meticulously on those aspects.

(3.) The Government of Gujarat by its resolution dated 10.3.2000 had revised the policy and scheme of giving compassionate appointment to the members of dependant family of Class III and Class IV employees who died during their service. It appears that scheme of giving compassionate appointment to one member of dependant family of the employee who died in harness, while being in Government employment, was, initially, introduced on 13.10.75 by D.O. letter of the General Administration Department of the State of Gujarat. Thereafter, number of amendments came to be made therein, from time to time. The Government of Gujarat, considering the demands for various Staff Unions and Associations and judgments of various Courts, revised the Scheme abrogating all earlier instructions of the subject with a view to bring into force the revised scheme of giving compassionate appointment to one member of the dependant family of Class III and IV employee died during the service by virtue of aforesaid resolution dated 10.3.2000. The revised scheme under this resolution was implemented with effect from the date of resolution, like that, 10.3.2000 giving cases prior to that to be decided in terms of the prevailing provisions of the Scheme. In short, in cases prior to the date of this resolution, it was decided that instructions prevailing for the time being shall apply for such appointments. It was, also, decided that such appointments shall be subject to the terms and conditions for appointment, like other cases, along with availability of vacancies as prescribed under the Scheme.