DIGVIJAYSINH RANJITSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS group of appeals under clause 15 of the Letters Patent arises out of the orders passed by the learned Single Judge in different petitions wherein common grievance was raised that the appellants -original petitioners were entitled for appointment on compassionate ground as regular employee on the basis of the policy for such appointment prevailing prior to the change effected in such policy vide Government Resolution dated 15.6.2004.

(2.) BEFORE the said resolution was issued, the appointments on compassionate ground were being given on regular basis and not on ad -hoc basis or contract basis. However, the change was brought by resolution dated 15.6.2004 as per which, compassionate appointments are to be given initially for a period of five years in fixed salary on ad -hoc basis, subject to the other terms and conditions stated in the policy.

(3.) IT appears that one Nilesh Muljibhai Patel, in whose case, a decision was taken to offer him compassionate appointment prior to the above said policy dated 15.6.2004 had preferred Special Civil Application No. 30154 of 2007 seeking to treat his appointment as per the policy prior to the policy dated 15.6.2004 and to give him benefits as per the earlier policy. This Court in the said petition, by judgment dated 6.9.2013, declared that since the appointment given to the said petitioner was on the basis of decision contained in communication dated 11.6.2003 at Annexure -B to the said petition, it shall be governed by the policy of the State Government in force prior to resolution dated 15.6.2004 and accordingly directed the respondents to issue modified appointment order to him. Based on such directions issued by this Court in the case of Nilesh Muljibhai Patel in above said petition, the petitioners filed the petitions before the learned Single Judge in the year 2014.