State Of Gujarat vs Surajben Wd/O Babarbhai Vasava
2023 Latest Caselaw 6983 Guj

                                                                                   NEUTRAL CITATION




     C/CA/985/2023                                ORDER DATED: 21/09/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 985 of 2023

            In R/LETTERS PATENT APPEAL NO. 1153 of 2023

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                            STATE OF GUJARAT
                                  Versus
                     SURAJBEN WD/O BABARBHAI VASAVA
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Appearance:
MR MANAN MEHTA, AGP for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE DEVAN M. DESAI

                              Date : 21/09/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

While considering the Civil Application for condonation of delay of 322 days, since the papers of the Letters Patent Appeal was available for perusal, with the help of learned Assistant Government Pleader Mr.Manan Mehta, it could be immediately noticed that the issue arising from the judgment and order of learned single Judge stands covered by the decision of the Division Bench of this court in Gujarat Water Supply and Sewerage Board Vs. Hansaben Pramodbhai Patel being Letters Patent Appeal No.934 of 2022, decided on 24.8.2023.

2. The issue is whether the kith and kins of the deceased employee who was a daily wager but extended the benefit of

NEUTRAL CITATION

C/CA/985/2023 ORDER DATED: 21/09/2023

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Resolution dated 17.10.1988 would qualify for application of the policy obtained from lump-sum compensation on compassionate basis.

3. The Division Bench in Gujarat Water Supply and Sewerage Board (supra) held that the Resolution dated 5.7.2011 providing for such policy of paying the compensation would apply even in the cases where the deceased employee was daily rated employee securing the benefits of Resolution dated 17.10.1988.

4. In the present case, it could not be disputed by learned Assistant Government Pleader that the respondent otherwise falls within the four corners of the policy reflected in the Resolution dated 5.7.2011. Learned single Judge could be said to be eminently justified in directing the extension of benefits of Resolution dated 5.7.2011 to the petitioner.

5. In view of the above factual and legal position obtaining from the record and not disputed, no purpose would be served in condoning the delay. Accordingly, delay is not condoned. The application for condonation of delay is rejected. Since the condonation is not granted, the Registry shall not register the Letters Patent Appeal and shall dismiss it accordingly.

All other connected Civil Applications will not survive.

(N.V.ANJARIA, J)

(D. M. DESAI,J) Manshi