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LPA/1169/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1169 of 2008
In
SPECIAL
CIVIL APPLICATION No. 26711 of 2007
With
CIVIL
APPLICATION No. 12055 of 2008
In
LETTERS
PATENT APPEAL No. 1169 of 2008
In
SPECIAL
CIVIL APPLICATION No. 26711 of 2007
For
Approval and Signature:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
HONOURABLE
MR.JUSTICE K.M.THAKER
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to civil judge ?
=========================================================
YATINKUMAR
DHIRAJLAL JOSHI - Appellant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SUNIL L MEHTA for
Appellant(s) : 1,
MS TANUJA KACHHI, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 20/10/2008
ORAL JUDGMENT
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Appeal, preferred under Clause 15 of the Letters Patent, arises from
the order dated 29th November, 2007 made by the learned
Single Judge in above Special Civil Application No.26711 of 2007.
The
appellant is the son of the deceased employee. After the death of his
father in the year 1996, he, on attaining majority, applied for
compassionate employment in the year 2004. Nonetheless, his
application came to be rejected as his elder sister had not applied
for compassionate employment as and when she attained the age of
majority. The decision of the respondent Government has been upheld
by the learned Single Judge.
It
is not in dispute that the mother of the appellant was eligible for
employment. If the family of the deceased were in dire need of
assistance, the mother of the appellant, wife of the deceased
employee, ought to have applied for compassionate employment. Neither
the widow applied for compassionate employment nor did the eldest
child on her attaining the majority. It is well settled that the
compassionate employment is offered to the eligible member of the
family of the deceased with a view to meet the sudden crises suffered
by the family. The family cannot be said to be suffering 8 years
after the death of the deceased employee.
No
case for interference is made out. The Appeal is dismissed in limine.
Civil Application stands disposed of.
[Ms.
R.M.Doshit, J.]
[K.M.Thaker,
J.]
kdc
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