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2016 Supreme(Guj) 73

JAYANT PATEL, ANANT S.DAVE
Magjiben Vakhatsinh Bodana – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
Mr. Popatji H. Solanki, Advocate for the Appellants No. 1
Mr. D.M Devnani, AGP for the Respondents No. 1

ORDER :

Jayant Patel, J.

The present appeal is directed against the order dated 04.09.2015 passed by the learned Single Judge of this Court in Special Civil Application No. 10007/15, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petition.

2. We have heard Mr. Chauhan with Mr. Solanki for the appellant.

3. The contention raised on behalf of the appellant is that when the petitioner-appellant was offered compassionate appointment, because of the customary restriction, she did not join the duty and she had also communicated that the right be reserved for her minor sons. Thereafter, in the year 2010, she applied and her case was recommended for monetary compensation in lieu of compassionate appointment. But the same is also not considered by the competent authority and the application is rejected. It was submitted that upon the application of the original petitioner, recommendation was made by the concerned head of the department, but the competent authority declined the proposal for lumpsum amount in lieu of compassionate appointment. The learned Single Judge did not properly consider the matter. Hence, this Court may consider in the present ap




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