LPA/1169/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1169 of 2008 In SPECIAL CIVIL APPLICATION No. 26711 of 2007 With CIVIL APPLICATION No. 12055 of 2008 In LETTERS PATENT APPEAL No. 1169 of 2008 In SPECIAL CIVIL APPLICATION No. 26711 of 2007 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 civil judge ? ========================================================= YATINKUMAR DHIRAJLAL JOSHI - Appellant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR SUNIL L MEHTA for Appellant(s) : 1, MS TANUJA KACHHI, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 20/10/2008 LPA/1169/2008 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal, preferred under Clause 15 of the Letters Patent, arises from the order dated 29th November, 2007 made by the learned Single Judge in above Special Civil Application No.26711 of 2007. The appellant is the son of the deceased employee. After the death of his father in the year 1996, he, on attaining majority, applied for compassionate employment in the year 2004. Nonetheless, his application came to be rejected as his elder sister had not applied for compassionate employment as and when she attained the age of majority. The decision of the respondent Government has been upheld by the learned Single Judge. It is not in dispute that the mother of the appellant was eligible for employment. If the family of the deceased were in dire need of assistance, the mother of the appellant, wife of the deceased employee, ought to have applied for compassionate employment. Neither the widow applied for LPA/1169/2008 3/3 JUDGMENT compassionate employment nor did the eldest child on her attaining the majority. It is well settled that the compassionate employment is offered to the eligible member of the family of the deceased with a view to meet the sudden crises suffered by the family. The family cannot be said to be suffering 8 years after the death of the deceased employee. No case for interference is made out. The Appeal is dismissed in limine. Civil Application stands disposed of. [Ms. R.M.Doshit, J.] [K.M.Thaker, J.] kdc