NEUTRAL CITATION
C/LPA/802/2023 ORDER DATED: 27/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 802 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 12832 of 2022
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DEPUTY EXECUTIVE ENGINEER
Versus
GITABEN KIRITKUMAR JOSHI WIDOW AND LHS OF DCED.
KIRITKUMAR PARSHOTAMBHAI JOSHI
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 2
MR RAJESH P MANKAD(2637) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 27/09/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. H.S. Munshaw for the appellant, learned advocate Mr. Rajesh Mankad respondent no.1 and learned Assistant Government Pleader Ms. Shruti Dhruve for respondent no.2.
2. The present Letters Patent Appeal is directed against judgment and order dated 19.10.2022 of learned Single Judge, whereby learned Single Judge allowed the petition holding that the petitioner is entitled to be applied the scheme of payment of lumpsum compensation on compassionate basis as per Page 1 of 4 Downloaded on : Fri Sep 29 20:40:24 IST 2023 NEUTRAL CITATION C/LPA/802/2023 ORDER DATED: 27/09/2023 undefined the Resolution dated 05.07.2011 of the State Government.
3. The issue involved was whether the kith and kin of the deceased employee who was daily rated employee could be granted or entitled to the benefits flowing from Resolution dated 17.10.1988 of the State Government including the benefit of permanency on the basis of the length of service he rendered could claim benefit of policy in the aforementioned Resolution dated 05.07.2011.
3.1 The issue is no longer res integra in view of the latest decision of the Division Bench in State of Gujarat vs. Chhanaji Bhagaji Makwana (Decd) Through Lhrs. Punjiben Chhanaji Makwana (Widow), which was Letters Patent Appeal No. 1073 of 2023, decided on 10.08.2023, in which, it was held thus, "7.4 Therefore, there stands a binding proposition of law that a daily rated workman who is extended the benefit of Resolution dated 17.10.1988 to be considered for permanency benefit on the basis of length of service would derive all attendant benefits and benefits including of the scheme of compassionate appointment. The original status of the daily rated workman would not be an impediment or debilitating factor for the kith and kin of the deceased to claim the benefit of the scheme of compassionate appointment/compassionate lumpsum payment, provided their case falls within the corners of the scheme."
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4. In the present case, the entitlement of the petitioners to be given the benefit under the said Resolution dated 05.07.2011 is not disputed and the petitioners are found to be fulfilling the conditions of the said policy Resolution.
5. It was stated that as per the order dated 07.07.2023, amount of Rs. 4 lakhs came to be deposited by the appellant authority with the Registry of this Court.
5.1 It was submitted by learned advocate for the respondent-petitioner and fairly accepted by learned advocate for the appellant that lumpsum compensation payable has been hiked from Rs.4 lakhs to Rs. 6 lakhs. Therefore, the balance amoutn would be required to be paid to the petitioner- respondent.
6. In light of the above, the present Letters Patent Appeal is disposed of by holding that the respondent, widow of the deceased employee, shall be entitled to lumpsum compensation of Rs. 6 lakhs.
7. It is directed that Rs. 4 lakhs already deposited, be permitted to be withdrawn by her. Registry shall undergo necessary formalities including verification of identity, etc., to release the amount of Rs. 4 lakhs in favour of the Page 3 of 4 Downloaded on : Fri Sep 29 20:40:24 IST 2023 NEUTRAL CITATION C/LPA/802/2023 ORDER DATED: 27/09/2023 undefined respondent no.1 by paying the amount through account payee cheque or directly deposite the amount in the bank account of respondent no.1. Rest of the amount of Rs. 2 lakhs shall be paid to respondent no.1 on or before 15.10.2023. If the amount of Rs. 4 lakhs deposited is invested by the registry, then the same shall be paid along with the accrued interest to the respondent no.1.
(N.V.ANJARIA, J) (D. M. DESAI,J) BIJOY B. PILLAI Page 4 of 4 Downloaded on : Fri Sep 29 20:40:24 IST 2023