1. Heard Mr.Harnish V. Darji, learned counsel appearing for the petitioner and Mr.Niraj Sharma, learned A.G.P. appearing on advance copy for the respondents.
2. The petitioner, by way of this petition under Article 226 of the Constitution of India, has challenged communication dated 22.09.2011 whereby, the petitioner has been informed that while application for being considered for compassionate appointment was not considered by the authorities, the State Government dis-continued the said scheme and the State Government has now come up with a new policy of lumpsum compensation as per the policy declared vide Resolution dated 05.07.2011. It is clearly mentioned in the impugned communication dated 22.09.2011 that it would be open for the petitioner to apply for being considered for the benefit of the policy decision taken by way of Resolution dated 05.07.2011.
3. From the averments made in the petition, it is crystal clear and as candidly pointed out by Mr.Darji, learned counsel for the petitioner that after receipt of the impugned communication dated 22.09.2011, the petitioner has not approached the respondent-authorities for the benefit of the policy decision of the Government declared vide Resolution dated 05.07.2011.
4. On perusing the said policy, the State Government has now rescind all the earlier resolutions pertaining to the compassionate appointment and has declared the policy of lumpsum compensation to Class-3 and Class-4 employees died in harness.
5. In view of the above, the petitioner shall apply for the benefit of the same as per communication dated 22.09.2011 impugned in the petition within a period of 15 days from today.
6. The respondent-authorities are directed to consider the same in accordance with law and as provided in Clause-4 of the said Resolution dated 05.07.2011, the application so made by the petitioner shall be decided and disposed of within a period of 3 months from the date of receipt of copy of this order.
7. With the above observations, the petition is disposed of. No order as to costs. Direct service is permitted.
(R.M.CHHAYA, J.) Hitesh Top