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VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
Patel Gaurangkumar Kantilal – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
VIPUL M. PANCHOLI, J.
1. This is an appeal, filed under Clause-15 of the Letters Patent, by the appellant-original petitioner, assailing the judgment and order passed by the learned Single Judge, Dated: 27.09.2019, in Special Civil Application No. 16338 of 2019, whereby, the learned Single Judge dismissed the captioned petition.
2. The brief facts of the case are that the father of the appellant, who was serving as Principal in grant-in-aid school at Shiva, Taluka: Bhanvad, District: Jamnagar, passed away on 06.09.1997, i.e. after putting in about 22 years of service.
2.1 It is the case of the appellant that pursuant to the sad demise of his father, he had submitted an application dated 20.10.1997 to Respondent No.4 for grant of compassionate appointment. However, the same was not replied to by Respondent No.4.
2.2 The appellant, therefore, made the representation dated 15.07.2002 to Respondent No.4. No reply was received in response to the said representation, as well.
2.3 It is the case of the appellant that he received a letter dated 18.09.2013, whereby, Respondent No.2- DEO pointed out the Scheme/ Policy framed by the State Government vide GR dated 05.07.2011.
2.4 Pursuant the
The main legal point established is the need for immediacy in compassionate appointments and the consideration of the financial condition of the deceased employee's family.
The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, ....
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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