STATE OF GUJARAT Vs. NIRUPABEN PIYUSHBHAI SACHANIYA

JUDGEMENT

(1.) THE appellant ­ State has filed this appeal against the judgment and order dated 22.12.2010 in Special Civil Application No.1 4960 of 2012 whereby the learned single Judge has directed the appellant herein to reconsider the case of the respondent in it right perspective keeping in view the observations made in order dated 15.10.2010 passed in Special Civil Application No.8553 of 2010.

(2.) THE factual details are such that the husband of the original petitioner - respondent herein was serving as unarmed Police Constable and met with a fatal accident while riding motorcycle on 20.12.2006. The petitioner made an application on 8.1.2007 for compassionate appointment. After scrutiny of the application and documents supplied by the original petitioner, the appellant No.2 herein being District Superintendent of Police, Junagadh had rejected the application on 30.8.2010. Such order was challenged by the original petitioner in the above-referred Special Civil Application, judgment of which is under challenge before us.

(3.) THE fact remains that on the date of application, the original petitioner does not have the requisite educational qualification. However, she got cleared the examination and, therefore, relying upon the previous decision in Special Civil Application No.8553 of 2010 dated 15.10.2010, the original petitioner has claimed for compassionate appointment. The learned Single Judge has considered that the case of the original petitioner requires reconsideration at the hands of the appellant since it squarely falls within the ambit of such judgment dated 15.10.2010.