FARIDA IQBAL SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms.Hansa Punani, learned A.G.P. waives service of RULE on behalf of the respondent-State.

(2.) AS per the facts revealed from the record of the petition, the petitioner is the wife of deceased Iqbal I. Shaikh, who was serving as peon in Gujarat Vidhansabha, Sachivalaya and who was appointed on regular basis on 04.07.1997. It appears from the record of the petition that late Shri Iqbal I. Shaikh died due to leg infection on 27.09.2007. From the record, it also transpires that after the death of late Shri Iqbal I. Shaikh on 27.09.2007, the petitioner had not applied for being considered for compassionate appointment. However, it is stated in the petition that the petitioner has three children including two daughters, who are aged 12 and 4 years respectively and son is only aged one and a half year. Though the petitioner has prayed for being considered for compassionate employment on the basis of Resolution dated 10.03.2000, the said prayer cannot be granted only on the ground that as per the prevailing policy of the State Government, all the previous resolutions whereby, policy to give compassionate appointment to Class-3 and Class-4 category employees, who died in harness, are rescinded and the same are substituted by Resolution dated 05.07.2011 whereby, such persons are given lumpsum compensation.

(3.) THE petitioner has filed rejoinder which reveals the manner in which, the petitioner has to manage and see that her family of three children and herself is able to meet with the ends. THE petitioner, in her rejoinder, annexed photographs of her parental home which is collapsed and categorically submitted that as she was not aware about the new policy of the Government, her case may be considered as per the new policy.