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2022 Supreme(Guj) 124

BIREN VAISHNAV
Manjulaben Balubhai Bhatt – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Yogen N. Pandya, Advocate.
For the Respondent: Nidhi Vyas, Assistant Government Pleader.

JUDGMENT :

Biren Vaishnav, J.

1. Rule returnable forthwith. Ms. Nidhi Vyas, learned Assistant Government Pleader, waives service of rule on behalf of the State-respondent.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus or any other writ or a direction that the respondent authorities consider the case of the petitioner for financial assistance on compassionate basis in accordance with the Resolution of the State dated 05.07.2011 and 04.12.2020, by which, the request has been rejected.

3. Mr. Yogen Pandya, learned counsel for the petitioner, would submit that the husband of the petitioner was regular unskilled worker from 16.08.1980 to 23.02.2018. He had put in service for 37 years, 6 months and 11 days. The petitioner's husband died while on duty on 23.02.2018. He had, therefore, rendered 27 years of regular service from 24.01.1991 to 23.02.2018. The claim of the petitioner is that she is entitled to financial assistance in accordance with the Government Resolutions.

3.1. Earlier, the petitioner had approached this Court by filing Special Civil Application No. 13083 of 2020, wherein, the Court directed the respo

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