STATE OF GUJARAT Vs. UPENDRA P BAROT

JUDGEMENT

(1.) In all these appeals as well as above petitions common questions are involved and hence all these matters are being disposed of by this common judgment. In the above two Special Civil Applications the orders of the respondent authorities of the State Government have been challenged whereby the applications of the original petitioners for compassionate appointment have been rejected.

(2.) All the above noted Letters Patent Appeals have been filed against the judgments and orders of the learned Single Judges whereby the concerned Special Civil Applications have been allowed directing the respondent authorities of the State Government to reconsider the representation of the original petitioners, who are respondents in the present appeals excluding the family pension or pensionary benefits while calculating the income of the family of the original petitioners, within specified period for appointment on suitable post of Class-III or IV as the case may be on the compassionate grounds.

(3.) In the above two Special Civil Applications the petitioners have sought for quashing and setting aside the decision of the concerned authorities of the State Government whereby the petitioner's applications/representations for appointment on compassionate grounds have been rejected and for further direction to consider the case of the petitioners for appointment on the suitable post on compassionate ground while calculating the income of the family of the petitioner/s, the pension being received by the family of the petitioner/s should not be taken into account. The petitioners of the aforesaid petitions as well as the original petitioners moved their applications before the concerned authority of the State Government for being appointed on the suitable post either in Class-III or Class-IV on compassionate ground as their family members died during the tenure of their service and hence they are entitled to get appointment on suitable post on compassionate ground.