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LPA/2976/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2976 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3361 of 2010
======================================
SWETABEN
PURSHOTTAMBHAI PATEL
Versus
JOINT
AGRICULTURAL DIRECTOR AND OTHERS
======================================
Appearance
:
MR KM SHETH for Appellant.
MR
JANAK RAVAL, AGP for Respondent No.1.
None for Respondent Nos.2 -
3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 14/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The
appellant has called into question order dated 7.9.2010 of learned
Single Judge of this Court in Special Civil Application No.3361 of
2010, whereby petition of the appellant seeking compassionate
appointment was rejected.
2. Learned
counsel Mr.K.M.Sheth vehemently argued that the appellant had applied
in time for compassionate appointment after death of her father, on
24th August 2005, in the sense that only the petitioner’s
claim for compassionate appointment was substituted for the claim of
her brother, who was no longer interested in seeking appointment.
Learned counsel submitted that while limitation of six months was
fixed by Government Resolution dated 7.9.2002, by another even dated
Government Resolution it was made permissible to seek substitution of
name of the dependent for whom compassionate appointment could be
sought.
3. It
was, however, conceded that both the aforesaid Government Resolutions
dated 7.9.2002 were clarifying or modifying original scheme for
compassionate appointment as contained in Government Resolution dated
10.3.2000 and that the original scheme was nowhere mentioned, in the
applications or replies and not perused by the appellant. Admittedly
the appellant’s family was in receipt of monthly pension of
Rs.3,150/- plus Dearness Allowance and lumpsum amount of
Rs.3,50,000/- as gratuity, Rs.3,17,259/- out of provident fund and
Rs.1,27,388/- from the Group Insurance Scheme. As held by his Court
in order dated 23.11.2010 in Letters Patent Appeal No.2472 of 2010,
neither under aforesaid Scheme dated 10.3.2000 nor by virtue of
recent decisions of the Supreme Court the appellant or her brother
was entitled to consideration for appointment on compassionate
ground. Therefore, the appeal is dismissed in limine.
(D.H.Waghela,
J.)
(J.C.Upadhyaya,
J.)
*malek
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