SHIVAM SATISHKUMAR VAIDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal under clause 15 has been filed challenging the order dtd. 20/1/2020 passed by the learned Single Judge in Special Civil Application No.20646 of 2017, whereby the learned Single Judge rejected the prayer of the petitioner for compassionate appointment on the establishment of Small Cause Court at Vadodara as per petitioner's qualification.

(2.) Facts of the case which can briefly stated are :-

(3.) Perusal of the order impugned in this LPA indicates that the learned Single Judge was weighed with the aspect that spirit of the scheme which gives the benefit of compassionate appointment to the members of the family of the deceased employee who dies in harness is that such a benefit is to ensure that the family is not left without breadwinner. It was further held by the learned Single Judge that sole object of extending benefit of compassionate appointment is to ameliorate the financial distress that a family may face due to the death of the breadwinner of the family. Learned Single Judge while examining the facts of the case observed that when mother of the petitioner - appellant died, his father was serving on the establishment of District Court, Vadodara and later on he also took voluntary retirement from service with effect from 31/12/2013 and therefore, the factor indicates that the family had never faced any financial recede on the death of mother of the petitioner. Family of the petitioner was stable and could sustain itself though mother died in the year 2001.