LPA/1138/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1138 of 2007 In SPECIAL CIVIL APPLICATION No.12096 of 2006 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 ? ========================================================= HEMANTKUMAR CHHAGANLAL PARMAR - Appellant(s) Versus SECRETARY & 3 - Respondent(s) ========================================================= Appearance : MR NK MAJMUDAR for Appellant(s) : 1, MS VS PATHAK AGP for Respondent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 05/03/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/1138/2007 2/3 JUDGMENT Heard the learned advocates. This Appeal, preferred under Clause 15 of the Letters Patent, arises from the order dated 26th June, 2006 made by the learned Single Judge in above Special Civil Application No.12096 of 2006. The appellant, writ petitioner, is the son of deceased servant of the State Government. At the time of death of his father while in service, the appellant was minor. The widow of the deceased did not apply for compassionate employment. However, the appellant applied for such employment after he attained the age of majority i.e. 4 years after the death of his father. The claim for compassionate employment 4 years after the death of the deceased servant was contrary to the scheme of compassionate employment. At the time of the death of the deceased servant, his widow or the daughter who was 20 years old and had passed 12th standard examination could have applied for compassionate employment. It appears that the family of the deceased waited for the appellant to attain the majority which was contrary LPA/1138/2007 3/3 JUDGMENT to the scheme of compassionate employment. The learned Single Judge has rightly rejected the writ petition. No case for interference is made out. The Appeal is dismissed in limine. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc