KOKILABEN RAMESHBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal under Clause 15 of the Letters Patent has been filed by the appellant - original petitioner against oral order dtd. 29/3/2019 passed by the learned Single Judge in Special Civil Application No. 10896 of 2018, whereby the learned Single Judge has dismissed the petition filed by the appellant - petitioner.

(2.) Heard Mr. Deepak Khanchandani, learned Counsel for Mr. Gupta, learned Counsel for the appellant, Mr. H.S. Munshaw, learned Counsel for the respondent No.4 and Mr. Jaineel Parikh, learned AGP for the respondent No.1.

(3.) Learned advocate for the appellant submitted that the husband of the appellant late Shri Rameshbhai Prajapati was working in Assistant Teacher in Primary School at Tikhimuvadi, Tal. Fatepura, Dist. Dahod with the respondent and while he was in service he died on 8/12/2000. It is a case of the appellant in the petition that the appellant's family was informed by the respondent that one member of her family can apply for compassionate appointment, as per the policy framed by the State Government. However, the appellant widow of the deceased employee was uneducated and therefore, she informed to the concerned respondent authority by letter dtd. 2/1/2001 that as and when her son becomes major, he will submit an application for compassionate appointment. Learned advocate for the appellant thereafter, submitted that the son of the appellant became major on 4/12/2007 and thereafter, he submitted an application on 6/5/2010 before the respondent authority and requested to grant compassionate appointment. However, the request made by the son of the appellant came to be rejected by the respondent authority vide communication dtd. 16/6/2010 in which it was stated that the application submitted by the son of the appellant is filed, as the son of the appellant did not submit an application within period of three months, as per clause 8 of G.R. dtd. 10/3/2000, after the death of his father. Thereafter, the appellant has submitted an application to the respondent authority and requested the authority to grant lumpsum compensation in lieu of compassionate appointment. The said application was also rejected / filed on 10/11/2014 and therefore, the appellant on behalf of her son has filed the present petition.