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SCA/14664/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14664 of 2008
=========================================================
GAGAN
S SETHI, MEMBER, SPECIAL MONITORING GROUP & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
AMIT PANCHAL with Ms SHIVANI RAJPUROHIT
for
Petitioners.
MR PK JANI GP for Respondent(s) : 1 to 3
MR PS
CHAMPANERI ASG with MR ANSHIN H DESAI for Respondent(s) : 4,
NOTICE
SERVED BY DS for Respondent(s) : 5 - 6.
MRS VD NANAVATI for
Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER 23rd September 2010
ORAL
ORDER
(Per :
HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Learned
counsel for the 4th respondent refers to the affidavit
filed by the Director, Ministry of Home Affairs, New Delhi wherein
it is stated that a sum of Rs. 1.00 Crore has been allocated
as a token provision towards ex-gratia assistance for the
damage to uninsured industrial/commercial properties during the year
2010-11. The matter has been forwarded to the Finance Division of
Directorate of Finance-Home, Ministry of Home Affairs, North Block
and the Budget-I Section in the Ministry of Home Affairs will look
into the matter. The budgetary support will now be raised by way of
supplementary demand. He prayed for three weeks’ time to obtain
instructions relating to the time-frame by which the Union of India
intends to release rest of the amount of Rs. 84.75 Crores.
Learned counsel
for the State – Mr. PK Jani submits that a Committee has been
constituted by Resolution dated 16/09/2010 which will submit its
comprehensive scheme for grant of compassionate employment to the
dependents of victims of 2002 riots. From the Circular dated
21/09/2007 we find that the Ministry of Home Affairs, Government of
India has clarified as to who would be the dependent of the family
members of the riot victims. At paragraph 3 therein, following
clarification has been made.
[i] The
children and dependent family members of those who were killed in
the riots would be eligible to get the benefit. Children mean (a)
son (including adopted son); or (b) daughter (including
adopted daughter). Dependent family members mean (a) spouse; or
(b) children; or (c) brother or sister in the case of unmarried
Government servant, who was wholly dependent on the Govt. Servant at
the time of his killing in the riot.
[ii] While
seeking application, CPFs should mention in the advertisements etc
that the children and dependent family members of those Killed in
the riots should produce a certificate to that effect from the
concerned District Collectors. A candidate can apply against
vacancies in any State/UT if he fulfills other conditions, however,
to avail of the present relaxation he has to produce the certificate
from the District, wherein the victim was killed.
[iii] Five
years of age relaxation may be granted to the children and dependent
family members of those killed in the riots. SC/ST/OBC relaxation,
as per Government instructions, will be in addition. Authority
competent to grant relaxation while making compassionate
appointments, shall also be competent to grant relaxation of upper
age limit as specified above for making such appointment.
In
the circumstances, we adjourn the case with a hope and trust that the
State Government, while framing the Scheme, will keep in mind the
definition as shown in Circular dated 21/09/2007 issued by the Union
of India, and file its action taken report.
Post the matter on 14th December 2010.
{S.J Mukhopadhaya,
CJ.}
{K.M Thaker, J.}
Prakash*
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