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Rasikaben vs State

High Court Of Gujarat|04 July, 2012

JUDGMENT / ORDER

1. This petition has been filed seeking issuance of appropriate directions to the respondent to grant appointment to the petitioner on compassionate grounds or to grant monetary benefit as per the new Government Policy dated 05.07.2011.
2. The husband of the petitioner was serving as Addl. Assistant Engineer, Class-III with the respondent-Department and died in harness on 20.12.2009. Thereafter, the daughter of deceased had made an application seeking compassionate appointment. However, the same was rejected by an order dated 14.09.2010 on the ground that she was a minor at the relevant time. Thereafter, the petitioner herein made an application seeking appointment on compassionate grounds, which was rejected by order dated 04.01.2011.
3. Heard learned counsel for the petitioner. The respondent-authority rejected the application of the petitioner seeking compassionate appointment on the ground that the same was not filed within the period stipulated under the prevailing Policy. In my opinion, the reason given by the authority for rejecting the application of the petitioner is in consonance with the Policy that was prevailing at the relevant point of time. Therefore, it cannot be said that the decision of the authority is erroneous or bad in law.
4. Further, as per the new Policy dated 05.07.2011, more particularly, Clauses no.4 to 6 therein, the petitioner is not entitled to get any monetary benefit since her husband had passed away in December 2009.
5. Considering the facts of the case and the policy of the State Government, I find no merits in the present petition. Hence, the petition is summarily rejected.
[K.
S. JHAVERI, J.] Pravin/* Top
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Title

Rasikaben vs State

Court

High Court Of Gujarat

JudgmentDate
04 July, 2012