LPA/400/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 400 of 2008 In SPECIAL CIVIL APPLICATION No. 4905 of 2008 With CIVIL APPLICATION No. 4814 of 2008 In LETTERS PATENT APPEAL No. 400 of 2008 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 ? ========================================================= NARESHKUMAR SOMABHAI PARMAR & 1 - Appellant(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR NN PATHAK for MR MITUL K SHELAT for Appellant(s) : 1 - 2. MRS ML SHAH, AGP for Respondent(s) : 1, None for Respondent(s) : 2, Respondent(s) : 3 - 4 SERVED. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/400/2008 2/4 JUDGMENT Date : 14/05/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred under clause 15 of the Letters Patent arises from the order dated 19th March, 2008 made by the learned Single Judge in above Special Civil Application No.4905/2008. The present proceedings arises from the claim made by the appellants, son and the mother, for compassionate employment. Earlier the appellant no.2, the mother was offered compassionate employment. She, however, did not accept the same. Instead, she insisted that her son, the appellant no.1, then a minor be offered compassionate employment. Her request was not accepted. However, by order dated 4th/8th February, 2008 the appellant no.2, the widow of the deceased employee has been offered compassionate employment afresh. Earlier before us, learned advocate Mr.Mitul Shelat had made a statement that the appellant no.2 will accept the compassionate employment offered to LPA/400/2008 3/4 JUDGMENT her afresh but she required some time before she joins the duty. The aforesaid statement has been recorded in our order dated 29th April, 2008. Today, learned AGP Mrs.Shah has appeared for the respondents – authorities. Upon instructions received from Shri Harivadan Pathak, Junior Clerk in the office of the Land Acquisition Officer, Vadodara, the respondent no.4 herein, she has submitted that the concerned authority has agreed to extend the time for joining. The appellant no.2 Lalitaben Somabhai Parmar, the beneficiary of the compassionate employment will be permitted to join duty if she joins the duty on or before 19th May, 2008. In view of the above statement, the Appeal shall not survive. The Appeal and the Civil Application are accordingly disposed of. It is clarified that in the event the appellant no.2 Lalitaben Somabhai Parmar fails to report for duty on or before 19th May, 2008 pursuant to the order dated 4th/8th February, 2008, the respondents – LPA/400/2008 4/4 JUDGMENT authorities shall not be obliged either to extend the joining time further or to offer compassionate employment to either of the appellants. (K.M.Thaker, J.) (Ms. R.M.Doshit, J.) /moin