STATE OF GUJARAT Vs. ABHISHEK RAMNIKLAL JOSHI

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant - State authority has challenged an order dtd. 30/7/2019 passed by the learned Single Judge in Special Civil Application No.4395 of 2019, by which the learned Single Judge has directed the authorities to consider the case of the petitioner for appointment on compassionate ground either under the policy dtd. 10/3/2000 issued by the State authorities or under the latest policy dtd. 5/7/2011.

(2.) In response to the notice issued by this Court, original respondent - State authority filed affidavit-in-reply and learned Single Judge after considering the submissions made on behalf of the rival parties and considering the decision of this Court in the case of Ajitsinh Chandrasinh Gohil v. Additional Director General of Police [2007 (3) GLH 313] passed the impugned order.

(3.) Mr. Tirthraj Pandya, learned Asst. Government Pleader for the appellant herein would submit that on the death of father of the original petitioner, who working as Talati cum Mantri, the widow mother of the original petitioner filed an application for compassionate appointment. The said application was withdrawn with a liberty to file afresh. However, before she filed an application and appropriate decision could be taken by the authority, she passed away in the year 2001. Thereafter, the son after attaining the age of majority in the year 2015 filed an application for compassionate appointment which was rejected on the ground that policy dtd. 5/7/2011 is not applicable to him. He further submits that the learned Single Judge has committed an error in accepting the ratio laid down by this Court in the case of Ajitsinh Chandrasinh Gohil (Supra) since the facts are different in the present case than the case of Ajitsingh Chandrasingh Gohil (Supra).