( 1 ) THESE Special Civil Applications have been placed before us on a reference made by the learned Single Judge of this Court after having noticed that the Division Bench of this Court in Letters Patent Appeal (Stamp) No. 1333 of 2005 has expressed the opinion that there has been conflict of views between two decisions of the learned Single judge Bench in the case of Kokilaben H. Pancholi v. Development Commissioner, 1998 (2) GCD 1058 (Guj.) and in the case of Mrs. Vibha Vijya Orpadkar v. State of gujarat and others, Special Civil application No. 9748 of 1993 dated 10. 11. 1993 on the question whether the compassionate appointee is obliged to pass the Post Training Examination as provided under the Gujarat Non-Secretariat Clerks and Clerks-cum-Typist (Training and examination) Rules, 1970 for being appointed as Junior Clerk in service.

( 2 ) LEARNED Judge of this Court in kokilaben H. Pancholi v. Development commissioner, (Supra) took the view that compassionate appointment is being made by relaxation of the normal service rules for providing immediate financial assistance to the family of the deceased who dies in harness. Learned Judge pointed out that a