Point of law: The view taken is that the concept of the liability under the Act is wide enough to cover a case of this nature inasmuch as death had taken place arising as a result of accident in the course of employment. It is, no doubt true that accident must have a casual connection with the employment and arise out of it. If the workman is injured as a result of natural force such as lightning though in itself has no connection with employment, she can recover compensation by showing that such employment exposed her to such injury.

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), Rajkot City on 1.9.2007 which is produced at Page- 71 of the paper-book) at the time of death of Mrs.Rekhaben on 9.8.2007.

3. The husband – Petitioner (Mr.Sureshbhai Somabhai Nayani) applied for Compassionate Appointment by the Respondents which was, however, denied on the ground that she had not completed 5 years of her regular service after regularization in the regular pay-scale of Rs.4000- 100-6000 on the post of Primary School Teacher which was done only w.e.f. 29.3.2006 and she died on 9.8.2007 within such period of 5 years. Aggrieved by the said rejection of Application for Compassionate Appointment, the husband – present Petitioner (Mr.Sureshbhai Somabhai Nayani) approached the learned Single Judge of this Court by way of Special Civil Application No.945 of 2011 which was, however, rejected by the learned Single Judge vide order dated 5.7.2016 and being aggrieved by the same, the present Letters Patent Appeal is filed before this Court.

4. The learned counsel for the Appellant, Mr.Anand B. Gogia, urged before us that the entire period of her service right from 25.1.2001 till her death, deserved to be treated as regular service as she had faced the regular selection process and her appointment could not be said to be irregular or illegal in any manner and, therefore, this aspect of the matter was squarely covered by the decisions of this Court in the case of Sugandhivedi Fakirchand Malaviya v. State of Gujarat & Others, reported in 2020 (2) GLR 1567 as also in the case of Anitkumar Amrutbhai Patel v. State of Gujarat & Others, reported in 2020 (3) GLR 1766. He submitted that the Respondents have unnecessarily taken a negative and reticent attitude in the matter and instead of taking a favourable and sympathetic view in favour of the family of the deceased Government Servant, they have denied not only the Compassionate Appointment to the Petitioner – husband (Mr.Sureshbhai Somabhai Nayani) illegally, but have also not given any amount of compensation to the said family, though she had died while on duty. He also relied upon the Circular of the State Government dated 5.7.2011 regarding payment of lumpsum financial assistance to the dependent family of Class-III and IV employees, who died while in service.

5. On the other hand, learned Assistant Government Pleader, Mr.K. M. Antani for the Respondent No.1 – State as well as learned counsel, Mr.H. S. Munshaw for the Respondent No.2 – Rajkot District Panchayat, have submitted that deceased Rekhaben could not be said to have completed 5 years of her regular service after grant of regular pay-scale w.e.f. 29.3.2006 after completion of 5 years as she was appointed only on 23.1.2001 and, therefore, the Application for Compassionate Appointment was rightly rejected under the relevant Rules. As far as question o