STATE OF GUJARAT Vs. ANJANABEN SURESHBHAI JOSHI

JUDGEMENT

(1.) By way of this appeal under Clause 15 of the Letters Patent, the appellant-State of Gujarat has challenged the legality and validity of the order passed by the learned Single Judge dtd. 6/5/2019 in Special Civil Application No.22339 of 2017, whereby the petition filed by the respondents herein was partly allowed by issuing direction to the appellant-State authority to consider the case of the respondents herein for seeking compassionate appointment.

(2.) Brief facts leading to filing of the present Letters Patent Appeal are that the Special Civil Application No.22339 of 2017 was filed by the original petitioners seeking appointment on compassionate ground. The husband of the respondent No.1 and the father of the respondent No.2, namely, Sureshkumar Dalsukhbhai Joshi was working as a Head Constable with the appellant-authorities. While in service, he met with an accident and passed away on 11/2/2006. Immediately after the sad demise of her husband, on 24/2/2006, the respondent No.1 preferred an application seeking appointment on compassionate basis for herself or for his son, i.e., the respondent No.2. The said application came to be rejected by the office of the appellants by assigning the reason that the application was not preferred within the stipulated period of six months and secondly that the respondent No.2 had not cleared the 10th standard examination which was a condition precedent at the time of preferring an application for compassionate appointment. It is the specific case of the respondents that after completion of standard 10th examination, immediately on 3/6/2011, they again preferred an application seeking compassionate appointment. The said application also came to be rejected on 27/9/2011 and, thereafter, various correspondence were being made to the appellant-authority, however, the case of the respondents was not considered by the appellant-authority.

(3.) Thereafter, being aggrieved and dissatisfied with the inaction on the part of the appellant-authority, the respondents approached this Court by way of filing Special Civil Application which was partly allowed on issuing direction to the appellant- authority to consider the representation of the respondents and take an appropriate decision in accordance with law within a period of six months.