DAXABEN UMESHBHAI TADVI Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) By this writ application under Art. 226 of the Constitution of India, the writ applicant, widow of a deceased employee of the Vadodara Municipal Corporation, has prayed for the following reliefs;

(2.) It appears from the materials on record that the late husband of the writ applicant was working with the Corporation as a daily wager. The husband passed away on 23rd June, 2004. On the demise of the husband, the writ applicant preferred an application dated 27th Aug., 2004, requesting the Corporation to provide her with the compassionate appointment. Such request was declined on the ground that the husband was a temporary employee, i.e., a daily wager and the scheme framed by the Corporation for the compassionate appointment was not applicable to the dependents of the daily wagers or the temporary employees.

(3.) An affidavit-in-reply has been filed on behalf of the Corporation, inter alia, stating as under;