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2022 Supreme(Guj) 22

BIREN VAISHNAV
Fatmabai Abdul Sumra – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Ashlesha M. Patel
For the Respondent: Mr. Meet Thakkar, Mr. H.S. Munshaw

JUDGMENT :

1. Both these petitions are filed by family members of the deceased-employee who at the relevant time was working as a daily wager and was subsequently granted the benefits of the resolution dated 17.10.1988. Prayers in both these petitions is to assail the action of the respondents in not granting the benefits of lump-sum compensation in lieu of compassionate appointment as per the Government Resolutions dated 07.04.2016 and 05.07.2011. For the purposes of convenience, facts of Special Civil Application No. 12746 of 2021 are referred to.

2. It is the case of the petitioner that the husband of the petitioner joined the service on 20.06.1988 as a daily wager. On completion of five years of service on 01.06.1993, the petitioner's husband was extended the benefits of the Government Resolution dated 17.10.1988. He was also subsequently granted the benefits of the resolution on completion of ten and fifteen years respectively. All benefits available to permanent employees were granted to the husband of the petitioner. After having served for 28 years, the husband of the petitioner died on 04.10.2016. An application therefore was made on 13.07.2021 for grant of lumpsum compensat

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