SHASHIKANT DHIRUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.Niraj Sharma, learned Assistant Government Pleader appears and waives service of rule on behalf of the State authorities. Considering the fact that the matter pertains to compensate appointment and considering the lump-sum compensation in lieu of compensate appointment policy of the State Government vide Government Resolution dated 05.07.2011, with consent of the parties, the matter is taken up for final hearing today.

(2.) THE facts which emerge from the record of the case are that the petitioner's father was serving as constable under Superintendent of Police, Bharuch. That father of the petitioner left for heavenly abode on 19.08.2009. That thereafter the petitioner, being son and legal heir of deceased Dhirubhai Narottambhai Vasava, applied for compensate appointment by application dated 13.10.2009. In spite of passing of almost two years, nothing was done by the respondent authorities and hence,the present petition with the following reliefs:

(3.) CONSIDERING the averments made by both sides and on perusing Government Resolution dated 05.07.2011, it transpires that the State of Gujarat has now taken a policy decision of giving lump-sum compensation in lieu of compensate appointment and, as stated in the affidavit-in-reply, by the said policy decision dated 05.07.2011 all earlier Government Resolutions are given a go-by and an overriding effect is given. It further transpires that the scheme itself, inter alia, provides in Clause-4 thereof that the application for consideration of lump-sum compensation should be decided within a period of three months. Taking into considerationthe fact that the petitioner had approached the competent authority by an application dated 13.10.2009, following directions are issued: