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Nikitaben vs Chief

High Court Of Gujarat|16 July, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner has prayed for compassionate appointment. The case of the petitioner is that that the petitioner's father Mr. Kantilal Vasrambhai Mehta was employed in respondent board as a Daily Wager and he expired on 22.12.2010. Learned counsel for the petitioner submitted that petitioner is entitled for compassionate appointment on the place of his father as per Government Resolution dated 17.10.1988. Petitioner's father had worked with the respondent board for about 13 years.
2. Heard learned counsel for the parties.
3. In view of the decision taken by the Hon'ble Apex Court in the cases reported in (2009) 13 SCC 112, (2009) 6 SCC 475, (2008) 8 SCC 475, 2010 (11) SCC 661, 2011 (13) SCC 181, wherein the Hon'ble Supreme Court of India has already made clear that the appointment on the ground of compensation may not be claimed by way of fundamental rights and particularly, if the sufficient amount is given by way of compensation to meet with immediate crises raised in the family, the appointment on compensation is not a bonanza to the claimant. In the present case the total amount of Rs. 7,23,489/- has already been paid to the heirs i.e. to the present petitioner and therefore, the implementation of the report of the Dolatbhai Parmar Committee is already made. Hence, I feel that the present petition seeking compassionate appointment has no merit and therefore, the same deserves to be dismissed. Hence, the petition is dismissed accordingly with no order as to costs.
(K.S.
Jhaveri, J.) Amar Top
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Title

Nikitaben vs Chief

Court

High Court Of Gujarat

JudgmentDate
16 July, 2012