C/SCA/810/2017 ORDER DATED: 09/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 810 of 2017 ========================================================== ARUNABEN DHANJIBHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MS MAMTA R VYAS(994) for the Petitioner(s) No. 1 MS KRISHNA DESAI, AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 09/07/2025 ORAL ORDER 1. It is not in dispute that husband of the petitioner Shri Dhanjibhai Naranbhai Patel was working as an Assistant Teacher in Prantiya Vidya Mandir, and while so on duty, he passed away on 18.10.1994. 2. The petitioner made an application for being appointed on compassionate grounds in the year 1998 but by enndorsement dated 16.2.2000, the petitioner was informed that there were no vacancies available in the post of Class-III and Class-IV in the school in which her husband was working and as and when vacancy arose, she would be given priority. 3. It is the case of the petitioner that thereafter, despite several requests, the petitioner was not given an appointment on compassionate grounds and she, therefore, made a request for payment of lumpsum compensation in view of the new policy formulated by the Government vide Government Resolution C/SCA/810/2017 ORDER DATED: 09/07/2025 dated 5.7.2011. 4. It is also her case that the concerned District Education Officer informed the Commissioner about this claim and submitted a proposal in this regard. But, nevertheless, she was neither offered appointment on compassionate ground nor she was paid lumpsum compensation. 5. The petitioner has produced a copy of the communication dated 16.2.2000, in which it has been informed to the petitioner that her claim for compassionate appointment could not be considered since there were no vacancies available in the school where her husband was working. Though this communication is in Gujarati, but the fact that this communication merely stated that the petitioner was not being offered compassionate appointment since there were no vacancies is not disputed by the Assistant Government Pleader. 6. It is also not in dispute that this communication being given to the petitioner basically informed her that as and when vacancy arose, she would be given priority. It is therefore, clear that the claim of the petitioner for being appointed on compassionate grounds was pending consideration. 7. It is not not in dispute that the Government did formulate a policy dated 5.7.2011 in which clause-5 categorically stated that all pending applications for giving compassionate appointment to the members of the dependent families of the C/SCA/810/2017 ORDER DATED: 09/07/2025 deceased (Class-III and Class-IV employees) would be disposed of as per the policy formulated on 5.7.2011. Since it is not in dispute that the petitioner’s husband was a Class-III employee and her application for being appointed on compassionate ground was pending consideration, this clause would come into operation and consequently, the Government would have to abide by its policy. 8. This policy dated 5.7.2011 stipulates that if the deceased employee has more than 20 years of service remaining, the dependent would be entitled to a sum of Rs.6 lacs as lumpsum financial assistance. In this case, the husband of the petitioner was appointed on 2.11.1987 and died in 1994. The petitioner being born on 1.5.1963, taking into consideration the age of superannuation of 58 years, it is clear that he had 27 years of service left when he died. This fact is also borne out from the proposal that was forwarded by the Government, a copy of which was submitted by the petitioner’s counsel. 9. In light of the said facts, it is clear that the petitioner would be entitled to the lumpsum compensation of Rs.6 lacs as financial assistance due to death of her husband in 1994. 10. The respondent No.1, is therefore, directed to pay to the petitioner a sum of Rs.6 lacs as lumpsum financial assistance within a period of FOUR WEEKS from the date of receipt of the copy of this order. Page 3 of 4 C/SCA/810/2017 ORDER DATED: 09/07/2025 11. It is made clear that if the said payment is not made within the specified period of time, the State shall be liable to pay interest @ 18% per annum from the date of this order till the date of payment. 12. With the aforesaid directions the present petiton stands DISPOSED OF. Rule is made absolute to the aforesaid extent. Direct Service is permitted. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2025 17:06:03