Taraben Wd/O Narayanbhai G. Dave vs State Of Gujarat

Gujarat High Court

Taraben Wd/O Narayanbhai G. Dave vs State Of Gujarat on 18 November, 2025

                                                                                                                 NEUTRAL CITATION




                            C/SCA/20911/2016                                     JUDGMENT DATED: 18/11/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/SPECIAL CIVIL APPLICATION NO. 20911 of 2016


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE MAULIK J.SHELAT                                    Sd/-

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                                     Approved for Reporting                    Yes            No
                                                                                              ✓
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                                       TARABEN WD/O NARAYANBHAI G. DAVE & ANR.
                                                        Versus
                                               STATE OF GUJARAT & ORS.
                       ==================================================
                       Appearance:
                       MR NIRAV R MISHRA(6140) for the Petitioner(s) No. 1,2
                       MR. PARTH PATEL, ASST. GOVERNMENT PLEADER for the
                       Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2,3,4,5
                       ==================================================

                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                           Date : 18/11/2025

                                                          ORAL JUDGMENT

1. Heard learned advocate Mr. Nirav R. Mishra for the petitioners as also learned AGP Mr. Parth Patel for the respondents - State and its authorities, at length.

2. The present writ petition is filed under Articles 14, 16 and 226 of the Constitution of India, seeking following reliefs:

"(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 11.1.2012 passed by the respondent No.4 and direct the Page 1 of 7 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 01:12:09 IST 2025 NEUTRAL CITATION C/SCA/20911/2016 JUDGMENT DATED: 18/11/2025 undefined respondents to forthwith give appointment to the petitioner on compassionate grounds as provided in the Government Resolutions dated 10.3.2000, 7.9.2002, 15.6.2004 and 30.9.2004 for the reasons stated in the Memo of Petition and in the interest of justice; OR IN THE ALTERNATIVE (B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, direct the respondents to forthwith grant lumpsum financial assistance of Rs.5.00 lakh to the petitioners in pursuance of Government Resolution dated 5.7.2011 for the reasons stated in the Memo of Petition and in the interest of justice;

(C) Pending admission, hearing and final disposal of the above Special Civil Application, to direct the respondents authorities to forthwith grant compassionate appointment to the petitioner no.2 for the reasons stated in the Memo of Petition and in the interest of justice.

(D) To grant ad-interim relief in terms of Para-34(C) hereinabove for the reasons stated in the Memo of Petition.

(E) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(F) To award the cost of this petition."

3. At the outset, learned advocate Mr. Mishra for the petitioners would state that husband and father of the petitioner Nos.1 and 2 respectively died in harness during his service with respondent No.5 on 05.02.2007 and petitioner No.1 filed an application on 10.04.2007 requesting to consider the case of compassionate appointment of her son when attained majority, as at given point of time, he was studying and was aged about 16 years.

NEUTRAL CITATION C/SCA/20911/2016 JUDGMENT DATED: 18/11/2025 undefined 3.1. Learned advocate Mr. Mishra would further state that petitioners have again requested respondent to consider their case by sending letter dated 22.09.2009. None of such request has been acceded by respondent, rather petitioners have been instructed to submit further details which in fact submitted by petitioners.

3.2. Learned advocate Mr. Mishra would submit that despite there is a clear policy of the State as per its Resolution dated 05.07.2011 for considering the application of compassionate appointment to be given to the dependents - family members of Class-III and Class-IV employees who died during service, that all pending applications to be disposed of in light of the aforesaid G.R., application of petitioners turned down by respondent vide its impugned communication dated 11.01.2012 citing only singular reason that it is time barred. Thus, not processed the claim of the petitioners.

3.3. Learned advocate Mr. Mishra would respectfully submit that as per Clause-5 of the aforesaid Resolution dated 05.07.2011 issued by the State, all pending applications for compassionate appointment of dependent - family members of Class-III and Class-IV employees of the State, need to be considered and to be disposed of as per the said new scheme - G.R.. It is submitted that as per the Scheme / aforesaid Resolution of State, petitioners are entitled to get lump-sum financial assistance instead of compassionate appointment, which was wrongly denied by respondents.

NEUTRAL CITATION C/SCA/20911/2016 JUDGMENT DATED: 18/11/2025 undefined 3.4. Making the aforesaid submissions, he would request this Court to allow the present application.

4. Per contra, learned Asst. Government Pleader Mr. Parth Patel would state that it may be true that as per aforesaid Resolution dated 05.07.2011, all pending applications in relation to compassionate appointment require to be disposed of in light of the aforesaid Resolution but as the petitioners seeking compassionate appointment, such relief could not have been considered by respondents, inasmuch as, now there is no such prevailing policy of State to grant any compassionate appointment, instead it is decided to give dependent - family members, a lump-sum financial assistance in lieu of compassionate appointment.

4.1. Learned AGP Mr. Patel would humbly request this Court that even if this Court remanded the matter back to the authority for reconsideration of the case of the petitioners seeking financial assistance in lieu of compassionate appointment, it may be clarified that the same shall have to be adjudged as per the policy / Resolution dated 05.07.2011.

5. Having heard the learned advocates appearing for the respective parties, the facts, which are stated by learned advocate Mr. Mishra for the petitioners, recorded herein above, remain undisputed on record.

NEUTRAL CITATION C/SCA/20911/2016 JUDGMENT DATED: 18/11/2025 undefined

6. As per clause-5 of the G.R. dated 05.07.2011 issued by the General Administration Department (GAD) of State of Gujarat would read as under:

"5. All pending applications of giving compassionate appointments to the members of the dependent families of such deceased Class III and Class IV employees shall be disposed of as per this new scheme."

7. The bare reading of the aforesaid clause would indicate that all pending applications in relation to compassionate appointment sought by the dependent - family members of deceased Class-III and Class-IV employees, require to be disposed as per this new Scheme.

8. It remain undisputed that the date on which said Resolution issued by the State; claim of petitioners to get compassionate appointment was pending, inasmuch as, initial / first application filed by petitioner No.1 on 10.04.2007 and there appears subsequent communication / application by the petitioners reiterating such claim remained undecided. Furthermore, as per other documents exchanged between the parties also indicate that until rejection of the claim of the petitioners on 11.01.2012, the application of petitioners in relation to the compassionate appointment pending before the authority concerned.

9. Thus, in view of the aforesaid facts and circumstances of the case, ground on which application of petitioners rejected by Page 5 of 7 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 01:12:09 IST 2025 NEUTRAL CITATION C/SCA/20911/2016 JUDGMENT DATED: 18/11/2025 undefined the respondent - authority is beyond comprehension, rather contrary to aforesaid Government Resolution.

10. According to my view, when State by way of aforesaid Resolution consciously decided that all pending applications in relation to compassionate appointment, need to be disposed of in light of new policy, whereby instead of granting compassionate appointment, lump-sum financial assistance be provided to the dependent - family members of the deceased employee concerned, then, it was incumbent upon respondent - authority to take note of such new policy while processing / adjudicating the application of the petitioners claiming compassionate appointment.

12. Having so observed hereinabove and after going through the documents made available to this Court, I am of the view that impugned decision dated 11.01.2012 passed by respondent No.4 herein, requires to be quashed and set aside, which is hereby quashed and set aside, as it is passed in ignorance of as well as contrary to aforesaid Resolution dated 05.07.2011 issued by the State.

13. In view of the foregoing reasons, I pass following order / directions:

I. The impugned decision dated 11.01.2012 passed by respondent No.4 is hereby quashed and set aside and the matter is remanded back to respondent No.4 to take Page 6 of 7 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 01:12:09 IST 2025 NEUTRAL CITATION C/SCA/20911/2016 JUDGMENT DATED: 18/11/2025 undefined appropriate decision in regards to the claim of the petitioner now seeking financial assistance in lieu of compassionate appointment;

II. Respondent No.4 requires to take note of policy / Resolution dated 05.07.2011 issued by the General Administration Department, Government of Gujarat (Annexure-Q) and accordingly, process the application of petitioners and if so found entitle, release the financial assistance as per the Clause-3 (1) of the said Resolution, in favour of petitioner No.1 being widow of late Narayanbhai G. Dave, on proper verification;

III. Such process be undertaken by respondent No.4 on or before 31st December, 2025 and as observed hereinabove, if petitioners are entitled to receive the compensation / financial assistance as per the aforesaid Resolution, the same shall be paid to petitioner No.1 - widow of late Narayanbhai G. Dave without delay.

14. In view of the foregoing conclusion, the present writ petition is partly allowed to the aforesaid extent. Rule is made absolute accordingly. No order as to costs.

Direct service is permitted.

(MAULIK J.SHELAT,J.) Lalji Desai Page 7 of 7 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Wed Nov 19 2025 Downloaded on : Thu Nov 20 01:12:09 IST 2025