Dineshkumar Becharbhai Khadayata vs State Of Gujarat
2026 Latest Caselaw 1161 Guj

Gujarat High Court

Dineshkumar Becharbhai Khadayata vs State Of Gujarat on 13 March, 2026

                                                                                                                  NEUTRAL CITATION




                             C/SCA/4472/2021                                     JUDGMENT DATED: 13/03/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                    R/SPECIAL CIVIL APPLICATION NO. 4472 of 2021


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MR. JUSTICE MAULIK J.SHELAT

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                                     Approved for Reporting                     Yes           No

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                                           DINESHKUMAR BECHARBHAI KHADAYATA
                                                          Versus
                                                 STATE OF GUJARAT & ORS.
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                       Appearance:
                       ROMESH C NIVEN(9064) for the Petitioner(s) No. 1
                       MS. DHRUTI PANDYA, AGP for the Respondent(s) No. 1
                       MS RV ACHARYA(1124) for the Respondent(s) No. 2,3,5
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                          CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                            Date : 13/03/2026

                                                                JUDGMENT

[1] Heard Mr. Romesh C. Niven, learned advocate appearing for the petitioner, Ms. Dhruti Pandya, learned AGP appearing for respondent - State as also Ms. R.V.Acharya, learned advocate appearing for respondents.

[2] RULE returnable forthwith. Ms. Dhruti Pandya, learned AGP as also Ms. R.V.Acharya, learned advocate, waive service of notice of Rule for and on behalf of the respective respondents.

[3] The present writ petition is filed under Article 226 of the

NEUTRAL CITATION

C/SCA/4472/2021 JUDGMENT DATED: 13/03/2026

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Constitution of India, seeking the following reliefs:-

"A. YOUR LORDSHIP BE PLEASE TO issue an order, direction or write in the nature of mandamus or certiorari and or any other appropriate writ or order or direction, directing the respondents to grant the benefit of compassionate appointment to the petitioner; in the interest of justice.;

B. Pass such order with immediately effect to appoint the applicant at appropriate post as per his qualification to the applicant."

[4] It is not in dispute between the parties that father of the petitioner died during his service with respondent on 04.02.2006 and to get compassionate appointment, petitioner submitted an application dated 07.04.2006, which was remained pending till date. Further, there is also no dispute between the parties that, as per G.R.dated 05.07.2011, the State has decided to offer lump-sum compensation in lieu of compassionate appointment. As per the Clause 6 of the said resolution, any application in regards to compassionate appointment is pending as on date, the same shall be considered as per the said resolution.

[5] Having heard the learned advocates for the respective parties and upon perusal of the pleadings and documents on record, it appears that, for any reason, the claim of the petitioner seeking compassionate appointment remained pending for long as since 2006, it was remained undecided by the respondent. At the same time, the petitioner also not thought it fit to approach this Court at the relevant point of time and sat tight over the matter by keep on requesting the respondent year after year. Now, in view of the aforesaid resolution dated 05.07.2011, no compassionate appointment can be granted in favour of the petitioner. Nonetheless,

NEUTRAL CITATION

C/SCA/4472/2021 JUDGMENT DATED: 13/03/2026

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petitioner is entitled to receive compensation as his application seeking compassionate appointment was pending as on 05.07.2011.

[6] Mr. Niven, learned advocate for the petitioner would request this Court that while directing the respondent to grant lump-sum compensation, interest may be awarded to the petitioner as he was deprived for long period of time to receive such benefit. This Court would not like to accede to such request of learned advocate for the petitioner for the simple reason that no such prayer has been made in this petition in this regard and further, as observed hereinabove, the petitioner also remained indolent from 2006 till 2021.

[7] In view of the aforesaid facts and circumstances and for the foregoing reasons, it is hereby directed to respondent Nos.2 and 3 to provide the complete data as regards the service of the father of the petitioner to respondent No.1 within a period of 15 days from today. Upon receipt of such requisite data and details from respondent Nos.2 and 3, respondent No.1 shall pass an appropriate order and / or pay the lump-sum compensation as per its G.R. dated 05.07.2011 to the petitioner but such benefit / lump-sum compensation shall not be paid later than 30th April, 2026, failing which, the petitioner will be entitled to receive such benefit with 6% interest from 1 st May, 2026 till its realization.

[8] In view of the aforesaid conclusion, the present petition is partly allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(MAULIK J.SHELAT,J) Lalji Desai