1. Rule.
Ms.Megha Chitaliya, learned A.G.P. waives service of Rule on behalf of the respondents.
2. With the consent of the learned counsel for both the parties, the petition is taken up for final hearing forthwith as the same pertains to compassionate appointment/compensation.
3. Ms.Megha Chitaliya, learned A.G.P. tenders affidavit-in-reply dated 31.01.2012 filed on behalf of respondent No.3 which is taken on record.
4. Mr.K.G.
Pandit, learned counsel appearing for the petitioner submitted that decision dated 14.11.2011 itself provides that as per the new policy of the Government dated 05.07.2011, the respondent-authorities would consider the application for compensation. Mr.Pandit, learned counsel further submitted that, therefore, there is no necessity for the petitioner to file the additional application.
5. As against this, Ms.Megha Chitaliya, learned A.G.P. submitted that as per the requirement of the said policy, fresh application would be necessary and that, as per the statement made in affidavit dated 31.01.2012, the respondents shall consider the said application that may be filed by the petitioner within a period of three months.
6. It transpires from the record that initially vide application dated 22.12.2009, the petitioner had prayed the authorities for being considered to be appointed on compassionate ground as per the policy. The said application as well as the letters written by the petitioner thereafter, have been considered by impugned decision dated 14.11.2011. It transpires that even according to the resolution dated 05.07.2011, the petitioner, for being eligible for the said policy, is required to submit certain documents as indicated in paragraph No.3 of the said policy which is a part of the record of this petition.
7. Considering the statement made by the respondent-authorities in the affidavit, interest of justice would be served if the following directions are issued.
7.1.
The petitioner shall produce all the required documents as per resolution dated 05.07.2011 along with formal application within 15 days from today.
7.2.
The respondent-authorities shall consider the said application as per resolution dated 05.07.2011 and shall scrutinize the same along with the other papers already on record in pursuance to the application dated 22.12.2009 within a period of 15 days from the receipt of the application. In case, if any further documents are required, the respondent-authorities shall inform the petitioner within one week therefrom.
7.3.
The respondents shall adhere to the statement made in paragraph No.6 of the affidavit-in-reply dated 31.12.2011 and shall also adhere to condition No.4 of resolution dated 05.07.2011 and see to it that the application is decided and disposed of and the compensation is paid within the time limit prescribed in resolution dated 05.07.2011, more particularly, in Clause-4 which provides for three months.
8. With the above observations, the petition is allowed to the aforesaid extent. Rule is made absolute accordingly. No order as to costs. Direct service is permitted.
9. Liberty to revive, in case of difficulty.
(R.M.CHHAYA, J.) Hitesh e-height: 100%"> Hitesh