LAWS(GJH)-2023-8-532

DISTRICT DEVELOPMENT OFFICER Vs. MINAXIBEN RAMESHBHAI PUROHIT

Decided On August 31, 2023
DISTRICT DEVELOPMENT OFFICER Appellant
V/S
Minaxiben Rameshbhai Purohit Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. H. S. Munshaw for the appellant, learned Assistant Government Pleader Mr. Sanjay Udhwani for respondent Nos.2 and 3 - the State authorities and learned advocate Mr. Nilesh I. Jani for respondent No.1 - original petitioner.

(2.) It is the District Development Officer - the appellant herein, who has sought to call in question judgment and order of learned single Judge dtd. 24/8/2018 whereby it was directed to the respondents to give appointment on compassionate basis to the respondent - original petitioner.

(3.) Noticing the facts, the husband of the petitioner who initially joined on 24/2/1981 in the service of District Panchayat and later become Work Assistant with effect from 2/6/1988 to become regular employee, died in harness while in service on 11/9/2005. The respondents have evolved policy of giving compassionate appointment to the kiths and kins of eligible employees dying in harness. The policy in vogue at the time of death of the husband - the employee was one reflected in Resolution dtd. 10/3/2000 and circulated on 23/9/2007. The applicability of the policy to the case of the petitioner is not in dispute. The issue is sought to be raised by learned advocate for the District Development Officer is about the eligibility of the petitioner to be considered for compassionate appointment.