VIPUL CHANDUBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed against the communication dtd. 27/10/2009, 1/4/2017 and 2/6/2017 passed by the respondent authority by which the petitioner was denied compassionate appointment and consented for lump-sum compensation.

(2.) Learned advocate for the petitioner submitted that at the time of death of the petitioner's father, Government Resolution dtd. 10/3/2000 was in force and therefore, Government Resolution 5/7/2011 should not made applicable to the petitioner's case and pension amount and other death benefits should not be considered for granting compassionate appointment.

(3.) As against this, learned AGP for the respondent submitted that by communication dtd. 27/10/2009, addressed by Deputy Manager, SSNL to the Superintending Engineer it was conveyed that at the time of death of Petitioner's father, the family had received total Rs.3,47,313.00 and apart from this also getting Pension of Rs.4082.00 per month. So respondent authority can not considered the petitioner's case fit for compassionate appointment as petitioner's family is in sound financial condition. It is further submitted that as on the date of communications dtd. 1/4/2017 and 2/6/2017, the petitioner's case would fall under Government resolution 5/7/2011. Hence no compassionate appointment should be granted to the petitioner.