JUDGMENT :

1. RULE returnable forthwith. Mr.Krutik Parikh learned AGP waives service of notice of Rule on behalf of the respondent State.

2. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

3. By way of this petition under Article 226 of the Constitution of India, the case of the petitioner is that she is the widow of the deceased employee who was working as a daily wager and died on 24.11.2020. When the petitioner applied for lump-sum compensation on the death of her husband, by the impugned order dated 23.05.2021, her case was rejected on the ground that since the husband of the petitioner was a daily wager who earned the benefits of the resolution dated 17.10.1988, his case would not fall within the purview of resolution dated 05.07.2011.

4. By decision rendered by this Court on 14.02.2022 in Special Civil Application Nos.11554 and 12746 of 2021, the Court had considered extensively the decisions rendered by this Court on the earlier occasions and thereafter the Court held as under:

“6 Having considered the submissions made by the learned counsels for the respective parties, it will be apt to consider the first decision in