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2021 Supreme(Guj) 59

UMESH A.TRIVEDI
Nasimbanu Indrishkhan Pathan – Appellant
Versus
Divisional Controller – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DIPAK R DAVE, adv.
For the Respondent:MR SHALIN MEHTA, SENIOR ADVOCATE for MR HEMANG M. SHAH, adv

JUDGMENT :

1. By way of this petition, petitioners challenge the order dated 27.05.2015, whereby the application made by the heirs of deceased - Indrishkhan Pathan, who died on 08.06.2003 while in service, was rejected on the ground that the application for appointment on compassionate ground was made beyond two years as provided under the Scheme, and therefore, they are not entitled for the same. In the alternative the petitioners have prayed for consideration of their case for the purpose of financial assistance as per Government Resolutions dated 05.07.2011 and 13.10.2015.

2. As per the case of petitioner no.1, husband of petitioner no.1, died on 08.06.2003 while in service, as Art-C Mechanic with respondent - Corporation since 14.11.1970. As averred in the petition, the petitioners were never informed by the respondents that they have a right to get compassionate appointment in view of death of the husband of petitioner no.1 and father of petitioner no.2. However, petitioner no.1 made an application on 27.07.2009 informing the respondent - Corporation that petitioners nos.1 and 2 are heirs of deceased and they reserve their right to have the benefits of the Scheme of the responde

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