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Gujarat High Court
Maganbhai Popatbhai Sapara vs State Of Gujarat on 9 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/3218/2025 ORDER DATED: 09/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3218 of 2025
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MAGANBHAI POPATBHAI SAPARA & ANR.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MA PAREKH(1088) for the Petitioner(s) No. 1,2
MS KINJAL VYAS AGP for the Respondent(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Parekh for the petitioner. By
way of this petition, the petitioner has prayed for the
following reliefs:
(A) Your Lordships may be pleased to admit / allow the
present petition, in the interest of justice;
(B) Be pleased to issue a Writ of Mandamus or a Writ of
Certiorari or any other appropriate Writ, Order or
Direction & direct the respondents, herein, to Decide &
Implement Pending Proposals sent by the Respondents by
way their inter-se Communications Regarding Payment of
Lump-sum amount of Rs. 4,00,000/- to the petitioners,
In View of, G.R. Dt. 20.7.2017 At Ann. A about lump-
sum Compensation to the dependent family of Class-III,
and Class-IV employees of FIXED SALARY, who die
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C/SCA/3218/2025 ORDER DATED: 09/03/2026
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during the Contractual Period, accordingly, within
prescribed time limit, forthwith, in the interest of justice;
(C) Pending, admission and final disposal of the present
petition this Hon Court may be pleased to grant the
prayer in terms of Paragraph 15 (B), forthwith, in the
interest of justice;
(D) Any other and further relief/s may kindly be granted
in the interest of justice;
2. It is the case of the petitioner that the petitioner's son,
Bharatbhai Maganbhai Sapara, was working on the post of
Vidhya Sahayak and died during the course of his service on
27.01.2016 in a motor vehicle accident. It is further the case
of the petitioner that he was not aware of the Government
scheme providing the benefit of lump-sum compensation to the
dependent family members. Therefore, the petitioner made his
first representation on 27.04.2018 seeking compassionate
appointment and also prayed for monetary relief in the form of
lump-sum compensation on account of the death of his son.
However, the aforesaid application has remained undecided till
date. Therefore, according to learned advocate Mr. Dhruv
Parekh, the respondents may be directed to decide the
representation. It is further submitted that the petitioner
thereafter made another representation in the year 2020 and
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that the petitioner is still ready and willing to make a fresh
representation to the respondents, which may be directed to be
decided by passing a reasoned order in accordance with law
and to communicate the decision to the petitioner.
3. In view of the above, the petitioner is directed to make a
representation seeking lump-sum compensation to the
respondents, more particularly to respondent No.3, who shall
forward the same to respondent No.2. The Respondent No.2
shall decide the representation that may be made by the
petitioner within a period of four weeks from the date of
receipt of such representation.
4. Once the representation is made to respondent No.3, the
same shall be forwarded to respondent No.2, who shall
consider and decide the same by taking into consideration the
applicable Government Resolution regarding lump-sum
compensation in cases relating to compassionate appointment,
and pass a reasoned order in accordance with law and
communicate the same to the petitioner.
5. If the petitioner is found eligible and entitled to receive
the lump-sum compensation, the same shall be paid to the
petitioner within a period of twelve weeks from the date of
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such decision.
6. With the above directions, the petition stands disposed
of. Notice is discharged. No order as to costs. It is clarified
that this Court has not examined the merits of the matter.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
