RAGHUBHAI BHAYJIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The case of the petitioner is that she claims compassionate appointment on the death of her husband. Her husband was appointed as a daily wager on 16/1/1981. He was granted the benefit of the Government Resolution dtd. 17/10/1988 by putting him in a pay scale. Accordingly, by virtue of resolution dtd. 17/10/1988 permanency benefits were granted to him. The petitioner's husband expired on 28/5/2021. On 29/12/2021, the petitioner applied for appointment on compassionate grounds. By the impugned communication dtd. 30/12/2021, her case was rejected relying on the Government Resolution dtd. 5/7/2011 that benefit of the scheme of compassionate appointment and/or compensation cannot be granted to the kin of deceased employees who were dailywager/adhoc.

(2.) It is not in dispute that in accordance with the Government Resolution dtd. 17/10/1988 and in view of the decision of this court rendered in the case of State of Gujarat and Another vs. Mahendrakumar Bhagvandas and Another reported in 2011 (2) GLR 1290, the petitioner's husband got the benefit of permanency.

(3.) In an identical case which had come before this Court by way of Special Civil Application No. 1795 of 2013, this Court vide judgement rendered on 7/10/2016 has held that no distinction can be made only on the ground that the deceased employee was "permanent daily wager". The said decision has been confirmed by the Division Bench of this Court vide Letters Patent Appeal No. 1234 of 2017.