C/SCA/6550/2025 ORDER DATED: 17/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6550 of 2025 ========================================================== PARMAR KUNVARBEN MOHANBHAI WD/O MOHANBHAI KASTURBHAI PARMAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS SHIKHA D PANCHAL(10764) for the Petitioner(s) No. 1 MS NIRALI SARDA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/07/2025 ORAL ORDER 1. Heard learned Senior Advocate Mr.Shalin Mehta appearing with learned Advocate Ms.Shikha Panchal for the petitioner and learned Assistant Government Pleader Ms.Nirali Sarda for the respondent State. 2. By way of this petition, the petitioner inter alia raises a grievance as regards the respondents not paying lump sum compensation to the petitioner in lieu of compassionate appointment, upon the original employee, who was working as ‘Guardsman’ with respondents, expiring in harness. 3. Considering the submissions made by learned Senior Advocate Mr.Shalin Mehta for the petitioner and learned AGP Ms.Sarda for the respondent State, it would appear to this Court that while the employee has expired on 22.05.2023 and whereas while the representation has been preferred by the C/SCA/6550/2025 ORDER DATED: 17/07/2025 petitioner herein, the same has not been decided by the respondent authorities till date. It also appear to this Court that in case of similarly situated persons i.e. the legal heirs of Guardsmen serving like the original employee having expired in harness, the respondents have granted benefits of lump sum compensation to the legal heirs in such cases. Reference to an order dated 18.06.2021 in case of Late Employee Mr.Lalubha Jaisangji Chavda, who was also working as a Guardsman. 4. Since it appears that the respondents having considered the case of the petitioner for entitlement as per Government Resolution dated 05.07.2011 and subsequent Government Resolutions on this issue, at this stage, in the considered opinion of this Court, the following directions would meet with the ends of justice :- (i) The applications/representations preferred by the present petitioner dated 15.05.2024 and 28.10.2024 shall be decided by the respondent No.1 within a period of 10 weeks from the date of receipt of this order. (ii) The respondent No.1 shall, while considering the C/SCA/6550/2025 ORDER DATED: 17/07/2025 applications/representations of the petitioner as per the extant policy of the State, also take into account the fact that in similar scenario the respondents had granted benefits of lump sum compensation to the family of the deceased Guardsman. (iii) The decision taken by the respondent No.1 shall be communicated to the petitioner within one week of the order being passed by the competent authority. (iv) In case the petitioner is aggrieved by the decision, then it would be open for the petitioner to challenge the same before appropriate forum in accordance with law. 5. With the above observations and directions, the present petition stands disposed of. Needless to clarify that this Court has not made any observations on the merits of the matter and whereas respondent No.1 shall take appropriate decision in accordance with law and in view of the extant policy of the State on this regard. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 17/07/2025 18:51:20