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2022 Supreme(Guj) 490

BIREN VAISHNAV
HIRABEN VITHTHALBHAI MAKWANA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS ASHLESHA M PATEL
For the Respondent: MR ABHIRAJ R TRIVEDI, MR KURVEN DESAI, AGP

ORDER :

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for the respondent – State in all these petitions.

2. With the consent of the learned advocates for the respective parties, these three petitions are taken up for final hearing today.

3. In all these petitions, under Article 226 of the Constitution of India, the case of the petitioners is that their claim have been rejected by various communications on record for lump-sum compensation under the Government Resolutions dated 5.7.2011, 7.4.2016 and 13.10.2015 on the ground that the dependents cannot be granted such compensation on the ground that they were Daily Wagers and, therefore, they are not governed by the Scheme of the Government Resolution dated 5.7.2011.

4. Ms. Ashlesha M. Patel, learned counsel for the petitioners would rely on CAV Judgment of this Court dated 14.2.2022 passed in Special Civil Application Nos.11554 and 12746 of 2021 in the case of Fatmabai Abdul Sumra v. State of Gujarat. Relevant extract of the CAV Judgment reads as under:

    “6 Having considered the submissions made by the learned counsels for the respective parties, it will be apt to con

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