JAYESHKUMAR AMRATLAL MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP waives service of notice of Rule for the respondent State authorities. With the consent of both the sides, the matters are finally heard today.

(2.) Heard Mrs.Pahwa and Mr.Patel, learned Counsel for the petitioners in respective petitions and Mr.Desai, learned AGP for the respondent State Authorities.

(3.) Upon hearing the learned Counsel appearing for the petitioners, it appears that on factual aspects there is no dispute that after the death of the deceased employee, the widow of the concerned employee did not apply and at the relevant time the son of the deceased employees were minor. It is also not in dispute that after becoming major, the applications were made within time and the applications were rejected on the ground that the applications were not made within the stipulated time by the widow of the concerned deceased employee for compassionate appointment. The perusal of the instructions dated 26.2.1997 shows that the option is available to the dependent son or daughter of the deceased, who is eldest to apply after attaining the majority and, therefore, as such the application can be considered if it is made within the stipulated time after attaining the majority by the dependent member of the family of the deceased employee and the application cannot be said as time barred or the consideration cannot be denied on such aspects. In SCA No.13386 of 2005 the additional circumstances are that the petitioner earlier approached this Court when the application was rejected as time barred by preferring SCA No.2704 of 2004 and as per the order dated 27.1.2005 passed by this Court (Coram: Akil Kureshi, J.) it was observed by the Court, inter alia, that the application shall be treated as within time prescribed by the Government. Therefore, it was required for the Authority to consider the application on merits for compassionate appointment as having been submitted within prescribed time limit.