STATE OF GUJARAT Vs. MEHULBHAI LAVJIBHAI JADAV

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 20.01.2016 passed by the learned Single Judge in Special Civil Application No.7610 of 2015, the appellants herein - original respondent nos.1 and 2 have preferred the present Letters Patent Appeal.

(2.) The brief facts leading to filing of the present appeal are as under:

(3.) Mr.Utkarsh Sharma, learned Assistant Government Pleader for the appellants State has submitted that the impugned judgment passed by the learned Single Judge is not in accordance with the prevailing policy, which was prevalent at the relevant time when the father of the respondent died. He has submitted that the policy dated 16.12.1991 would be applicable in the case of the respondent, which states that even in case of an uneducated spouse of the deceased and there being no major member, compassionate appointment application is to be made within a period of six months by a minor from the date of attaining majority. In the present case, the date of birth of respondent is 006.1991, and he made the application of compassionate appointment beyond the prescribed period of six months i.e. on 24.05.2010 after becoming major. He submitted that the learned Single Judge has fell in error in issuing directions to the appellants for granting compensation instead of compassionate appointment though the same is not prayed by the respondent (original petitioner) in his petition. Learned Assistant Government Pleader has submitted that the scheme of compensation, which was introduced vide Government Resolution dated 05.07.2011 will not apply in the case of the present respondent.