STATE OF GUJARAT Vs. SANJAY H PANDYA

JUDGEMENT

(1.) PRESENT Second Appeal has been preferred by the appellants-original defendants, State of Gujarat, challenging the judgment and order passed by the learned Second Additional District Judge, Gondal dated 18. 2. 2009 passed in Regular Civil Appeal No. 47 of 1997 as well as the judgment and decree dated 3. 5. 1997 passed by the learned Civil Judge (S. D.), Gondal passed in Regular Civil Suit No. 209 of 1996 by which the learned trial court decreed the aforesaid suit directing the appellants herein "original defendants to appoint the respondent herein" original plaintiff on compassionate ground on the death of his father who died on 23. 12. 1989.

(2.) THE facts leading to the present second appeal in nutshell are as under:-

(3.) SHRI Neeraj Soni, learned AGP appearing on behalf of the appellants has submitted that the learned trial court has materially erred in decreeing the suit and directing the appellants-original defendants to appoint the respondent on compassionate ground after period of six years of the death of the deceased employee. It is further submitted that the judgment and decree passed by the learned trial court, confirmed by the appellate court, is just contrary to the various decisions of the Hon'ble Supreme Court more particularly in the case of State of Jandk and Others vs. Sajjad Ahmed Mir reported in (2006) 5 SCC 766. It is submitted that both the courts below have not properly appreciated the object and purpose of appointment on compassionate ground. Therefore it is requested to allow the present second appeal.