SUBHADRABEN FULSINGBHAI PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Mr.Mahor Rahevar, learned AGP waives service of notice of admission on behalf of respondent.

(2.) The present appeal emanates from the judgment and order dtd. 28/9/2022 passed in captioned writ petition whereby the learned Single Judge has directed the respondent - State authorities to pay lump sum compensation to the family of the deceased petitioner to the extent of Rs.2,50,000.00 instead of paying the benefits arising from Government Resolution dtd. 17/10/1988.

(3.) Mr. Chaudhari, learned advocate for the appellant at the outset has submitted that this was not the case of termination wherein the learned Single Judge could have directed the payment of lump sum compensation. He has submitted that similarly situated employees to the late husband of the appellant - petitioner, were extended the benefits arising out of the Resolution dtd. 17/10/1988 and they are confirmed the higher pay-scales accordingly. He has referred to the award dated (Nil) January, 1996 by the Labour Court, Valsad. He has submitted that there were similar set of employees, who had also filed reference against the illegal termination and all those reference proceedings were disposed of in view of the settlement arrived at between the parties. He has submitted that as per the settlement, the late husband of the appellant was reinstated in service without any back wages.