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2021 Supreme(Guj) 226

SANGEETA K.VISHEN
Nileshkumar Batuklal Parmar – Appellant
Versus
Joint Director of Education (Secondary) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Mamta R. Vyas.
For the Respondents: Mr. Rohan Shah, Mr. Bhunesh C. Rupera, Mr. S.M. Chudasama.

JUDGMENT :

SANGEETA K. VISHEN, J.

1. With the consent of the learned Advocates for the respective parties, the present petition is taken up for final hearing.

2. Issue Rule. Mr. Rohan Shah, learned Assistant Government Pleader waives service of rule on behalf of the respondent nos. 1 and 2 and Mr. Bhunesh C. Rupera, learned Advocate waives service of rule on behalf of the respondent no. 3.

3. By this petition, inter-alia, under Article 226 of the Constitution of India, the petitioner has prayed for direction to the respondents to issue order of compassionate appointment to the petitioner and in alternative, to pay lump-sum compensation as per the Government Resolution dated 5.7.2011.

4. Tersely stated are the facts:

    4.1 The mother of the petitioner was working as peon in the respondent no. 3 School (hereinafter referred to as “the Respondent no. 3”) which was run by the Trapad Gram Panchayat and while working, she passed away on 23.08.2005. Since the financial condition of the petitioner was pitiable, he submitted an application dated 20.9.2005 seeking compassionate appointment. Necessary resolution was also issued by the Gram Panchayat certifying about the pitiable condition of the fami

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