STATE OF GUJARAT Vs. DIPAKKUMAR JAYSUKHLAL BHATT

JUDGEMENT

(1.) 1. This appeal is directed against the judgment and order dated 28. 01. 2005 passed by the learned 3rd Extra Assistant Judge, Junagadh in Regular Civil Appeal No. 66 of 2003 whereby, the said appeal was dismissed with costs.

(2.) THE facts in brief are as under:

(3.) HEARD learned counsel for the respective parties and perused the documents on record. It is not in dispute that the deceased - employee expired during the course of employment and that after his death, initially, the mother of respondent no. 1 applied to the authority for compassionate appointment and thereafter, respondent no. 1 followed suit. The application of the mother of respondent no. 1 was rejected by the appellant - State. However, in the meantime, as the mother of respondent no. 1 was not keeping good health and the respondent no. 1 had become major, she made an application dated 10/5/1988 to the concerned authority requesting to grant compassionate appointment to her son, i. e. respondent no. 1, in her place. Thereafter, vide application dated 10/4/1989, respondent no. 1 requested the concerned authority to grant him appointment on compassionate basis. Ultimately, vide order dated 7/2/1991, the concerned authority informed respondent no. 1 that since his application for compassionate appointment was not preferred within the stipulated time-limit, the same has been rejected.