STATE OF GUJARAT Vs. MANOJ GOVINDBHAI SHILU

JUDGEMENT

(1.) THE State through the Secretary, Panchayat and Gram Gruh Nirman Vibhag, has preferred this Second Appeal invoking powers of this Court under Section 100 of the Code of Civil Procedure, 1908, against the judgement and order dated 4th January 2003 passed by learned District Judge, Junagadh in Regular Civil Appeal No.162 of 2000, whereby he dismissed the appeal and confirmed the judgment and order dated 3rd May 2000 of learned Civil Judge (S.D.), Junagadh, whereby the trial court had decreed Regular Civil Suit No. 29 of 1998.

(2.) THE appeal was admitted by formulating the following questions.

(3.) LEARNED Assistant Government Pleader Mr.Rahul Dave for the appellant raised various contentions with reference to the substantial questions of law formulated. He submitted that the application of the plaintiff for compassionate appointment was rightly rejected because once it was obtained that the father was earning, the benefit of the scheme could not be extended to the plaintiff. He next submitted that the object of giving compassionate appointment was to help the family rendered in distress because of death of the bread- earner in service. It was submitted that in the present case it could not be said that the said condition was satisfied. Learned Assistant Government Pleader further submitted that in any view, looking to the passage of time intervened since the making of the application by the plaintiff, at this belated stage, the plaintiff could not be offered the appointment, as giving him the appointment after gap of several years would be against the very purpose of offering such appointment.