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LPA/6/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 6 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5521 of 2007
With
CIVIL
APPLICATION No. 4 of 2010
In
LETTERS
PATENT APPEAL No. 6 of 2010
=========================================
JASUMATI
WD/O VALABHAI JADAV
Versus
BANK
OF BARODA AND ANOTHER =========================================
Appearance
:
MR BP GUPTA
for the
Appellant
.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 21/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Admittedly,
the appellant’s family was getting more than Rs.6,000/- in 1998. The
object of the Scheme of 1998 for compassionate appointment is
delineated hereinbelow:
OBJECT:
The
object of the scheme is to offer compassionate appointment in case
where the Bank is satisfied that the financial condition of the
family is penurious and such that but for the provision of
employment, the family will not be able to meet the crisis.
In
view of the object of the Scheme, if the condition of the employee
was penurious, then only employment could be offered.
The
Bank had refused to offer appointment to the appellant on the ground
that she is receiving 60% of the emoluments of the deceased, that
means the financial condition of the appellant is not penurious. In
that view of the matter, if the learned Judge has not countenanced
the arguments raised by the appellant for getting compassionate
appointment, we do not think that any illegality has been committed
by the learned Single Judge, which warrants interference by this
Court.
In
view of the above, the appeal has no force and the same is dismissed.
In
view of the dismissal of the main appeal, no orders are passed on the
Civil Application and the same is disposed of.
(BHAGWATI
PRASAD, J.)
(BANKIM
N.MEHTA, J.)
omkar
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