JUDGMENT :

1. The above writ petitions are filed seeking directions to the respondent – authorities to grant compassionate Financial Assistance to the petitioners in accordance with policy dated 5.7.2011, and modified policy dated 7.4.2016.

2. Since the issue involved in the above group of petitions are similar, they are heard together and decided by this common judgment.

3. All above writ petitions are filed by legal heirs of the deceased employees who died during service with the office of the respondent – State. The details with regard to the date of joining, date of death and date of their application seeking compensation are as under:

Sr.No. SCA No. Date of Joining Date of Death Date of First Application Delay in Years

17 SCA/9682/2023 2.11.1978 9.5.2016 28.11.2022 7 years

18 SCA/9732/2023 16.3.1981 6.6.2017 28.11.2022 6 years

19 SCA/9766/2023 16.9.1978 17.8.2010 28.11.2022 13 years

20 SCA/9778/2023 1.10.1975 17.3.2014 28.11.2022 9 years

21 SCA/9830/2023 16.10.1978 30.10.2015 28.11.2022 8 years

4. It is case of the petitioners that since the employees expired during service, as per Government Resolution dated 5.7.2011, they are eligible to get compensation upon fulfillment of the conditions stated therein. It is also prayed that Government Resolution dated 5.7.2011 has been modified by Government Resolution dated 7.4.2016, wherein monetary limit has been increased and as all the petitioners have preferred the petition subsequent to Government Resolution dated 7.4.20216, they are entitled for the monetary benefits as increased under Government Resolution dated 7.4.2016.

5. Heard Mr. Dharmesh Devnani, learned advocate for the petitioners and Ms. Pooja Ashar, learned Asst. Government Pleader for the respondent – State.

6. Mr. Devnani, learned advocate for the petitioners made following submissions:

(i) That since all the deceased employees had joined service of respondent – State as daily wager and thereafter were granted benefits pursuant to the Government Resolution dated 17.10.1988, their services became permanent and therefore, they are entitled for all the benefits flowing from the Government Resolutions from time to time.

(ii) Referring to the Government Resolution dated 10.3.2000, he submitted that upon death of the Government employees during their service, the legal heirs (petitioners) were eligible to apply seeking compassionate appointment. Under the said Government Resolution, the application seeking compassionate appointment is to be made within a period of three months, from the date of death of the Government employee.

(iii) However, as there were many difficulties faced in implementation of the Government Resolution dated 10.3.2000, decision was taken to modify the Government Resolution dated 10.3.2000, and another Government Resolution dated 05.07.2011, was issued by which, it was decided to give lump- sum compensation to the family members of deceased employees of Class-III and IV who died in harness. Under Clause II of Government Resolution dated 5.7.2011, it has been decided not to extend the said benefits to Rojamdar, Causal Workers, Apprentices, Ad-hoc employees, contract or re- employment employees. The said issue was subject matter of a petition and it has attained finality in the year 2017. Therefore, applications made cannot stated to be belated.

(iv) The application seeking companionate financial assistance cannot be denied on the ground of delay. Learned Advocate relied upon decision of this Court in the case of State of Gujarat & Ors. vs. Budhabhai A.Chavda reported in 2011 (2) GLR 1236, wherein despite delay this Court has directed the authorities to take immediate steps to appoint the concerned person on employment on priority basis.

(v) Learned Advocate also relied upon decision in the case of

(a) Abhishek Ramniklal Joshi vs. State of Gujarat in SCA No.4395 of 2019 dated 30.7.2019 (b) The State of West Bengal vs. Debabrata Tiwari & Ors., in Civil Appeal Nos. 8842-8855 of 2022 and submitted that in the above dec