(1) RULE. Mr.Alkesh N. Shah, learned Assistant Government Pleader for respondent No.1, and Mr.R.C.Jani, learned advocate for respondent No.2, appear and waive service of rule on behalf of the respective parties. With consent of the parties, the matter is taken up for final hearing today.
(2) The petitioner, by way of the present petition, claims that his father was working as ClassIV employee i.e. Khalashi in Gujarat Water Supply & Sewerage Board at Bhuj since 05.05.1979. It is the case of the petitioner that since 15.10.2002 father of the petitioner is missing and accordingly a police complaint was lodged on 07.12.2002 before Bhuj Police Station. It is the case of the petitioner that till date the father of the petitioner is not found and the police authorities ave also issued a certificate to that effect.
(3) It is the case of the petitioner that as the father of the petitioner is missing since seven years, he is entitled to the benefit of compassionate appointment and/or compassionate lumpsum amount as per the government policy, which is also applicable to respondent No.2 Board.
(4) Though various other contentions are raised on behalf of the petitioner and respondent No.2 has also filed affidavitinreply, Mr.R.C.Jani, learned advocate appearing for respondent No.2, states that the representation dated 19th May, 2011 (at AnnexureF – Page 39 of the petition) shall be treated as application for lumpsum compassionate amount and the same shall be decided as per Government Resolution dated 05.07.2011, which is also applicable to respondent No.2.
(5) Mr.Jani, learned advocate appearing for respondent No.2, further states that the competent authority of respondent No.2 shall take appropriate decisions in the matter within a period of 03 (three) months of receipt of the copy of this order. It is further directed that the said application/representation of the petitioner shall be scrutinized by the competent authority of respondent No.2 within a period of 01 (one) month from today and if any further details are required, the competent authority of respondent No.2 shall inform the petitioner within a period of 01 (one) week from such scrutiny and the petitioner shall supply the same within a period of 15 (fifteen) days thereafter. It is hoped that respondent No.2 shall adhere to the time limit of three months in deciding the application/representation of the petitioner dated 19th May, 2011.
(6) It is further clarified that this Court has not examined the matter on merits and the same is being disposed of on the statement being made for and on behalf of respondent No.2. It would be open for respondent No.2 to take appropriate decision in accordance with law on the basis of the policy of the government, which is applicable to respondent No.2Board.
(7) With these observations, the petition is disposed of. Rule is made absolute to the aforesaid extent. There shall be no order as to costs. Direct service permitted.
Bhavesh* *** Sd/ [R.M.CHHAYA, J ]