ORDER :

1. Both these petitions are filed under Article 226 of the Constitution of India challenging the inaction on part of the respondents in not granting lumpsum compensation in lieu of compassionate appointment as per the Government Resolutions dated 05.07.2011 and 07.04.2016 to the petitioners who are widows of the deceased employee who died in harness.

2. Mr. Yogen Pandya, learned advocate for the petitioners would submit that the issue involved in the present petition is squarely covered by the decision of this court rendered in Special Civil Application No. 11554 of 2021 and allied matter wherein it is held that even if an employee since deceased was a daily wager it was his successor who was entitled to the benefit of compensation in lieu of compassionate appointment. Merely because the deceased was a daily wager was no ground to deny him the benefit.

2.1 As far as entitlement of the petitioner for leave encashment is concerned, since the issue is pending before the Apex Court by way of Special Leave to Appeal No. 1505 of 2022 in the case of The State of Gujarat and Others vs. Vaktaji Rupaji Parmar and Others, Mr. Pandya, learned advocate for the petitioner would concede that