SCA/2573/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2573 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = GITABEN GOVINDBHAI GAMIT Versus STATE OF GUJARAT AND OTHERS ========================================= =Appearance : MR BS BRAHMBHATT for the Petitioner MR SP HASURKAR, ASSTT GOVERNMENT PLEADER for Respondent No.1 NOTICE SERVED BY DS for Respondent(s) : 2 - 4. ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 23/04/2008 ORAL JUDGMENT 1. The husband of the petitioner died on 25.01.1997. The petitioner applied for being appointed in the Government service on compassionate ground. No response was given to her application. It was on 5th August, 2005 that rejection was communicated. The rejection is based on the ground that she is not SCA/2573/2006 2/2 JUDGMENT qualified according to the policy existing in 2005, to be appointed. 2. Needless to say that her case is to be governed on the basis of the Government Resolutions, which were prevailing on the day when the right accrued to her. Then there was no condition as pressed into service. However, in the interest of justice, if the petitioner offers to pass SSC examination within one year and gives undertaking to this effect to the respondents, then the respondents will consider the case of the petitioner objectively. 3. With the above observations, the petition is disposed of. Rule is made absolute accordingly. No order as to cost. Direct service is permitted. (BHAGWATI PRASAD, J.) omkar