JUDGMENT :

VINEET KOTHARI, J.

1. One Mrs.Rekhaben, daughter of Mr.Rameshchandra Kabira and wife of present Petitioner – Mr.Sureshbhai Somabhai Nayani, a Vidya Sahayak (Teacher) appointed by the Respondent – Rajkot District Panchayat in the Rajkot District Panchayat School on 23.1.2001 lost her life while on duty on 9.8.2007, when for the preparation of ‘Viranjali Van Mahotsav’ Celebrations in the School in Village Jiyana, she was directed by the concerned School Authorities to come on special duty / assignment on the holiday on 9.8.2007 in village Jiyana where the said School is situated for preparation of ‘Viranjali Van Mahotsav.’

2. It was a heavy rainy day and the only way to the said School passed through a culvert which was flowing high on the fateful day of 9.8.2007 and while crossing through that culvert, unfortunately, the said Vidya Sahayak – Mrs.Rekhaben was swept away and drowned and her dead body was recovered only after 2 days on 11.8.2007. She died in harness leaving behind her husband – the present Petitioner (Mr.Sureshbhai Somabhai Nayani) and two minor children (Malvika, aged 19 years and Paras, aged 14 years now as per the Pedigree prepared by Talati (Group-10), Rajk