Gitaben Jagdishbhai Vaghela vs State Of Gujarat on 12 March, 2026

    0
    46
    ADVERTISEMENT

    Gujarat High Court

    Gitaben Jagdishbhai Vaghela vs State Of Gujarat on 12 March, 2026

                                                                                                                  NEUTRAL CITATION
    
    
    
    
                              C/SCA/13534/2021                                    JUDGMENT DATED: 12/03/2026
    
                                                                                                                   undefined
    
    
    
    
                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                        R/SPECIAL CIVIL APPLICATION NO. 13534 of 2021
    
    
                         FOR APPROVAL AND SIGNATURE:
    
    
                         HONOURABLE MR. JUSTICE MAULIK J. SHELAT
    
                         ==========================================================
    
                                      Approved for Reporting                     Yes           No
                                                                                               ✓
                         ==========================================================
                                                 GITABEN JAGDISHBHAI VAGHELA
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                         ==========================================================
                         Appearance:
                         MR DADHICHI L LIMBOLA(10936) for the Petitioner(s) No. 1
                         MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER for the
                         Respondent(s) No. 1
                         NOTICE SERVED for the Respondent(s) No. 2
                         ==========================================================
    
                            CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
    
                                                            Date : 12/03/2026
    
                                                              JUDGMENT
    

    1. Rule returnable forthwith. Mr. Siddharth Rami, learned

    Assistant Government Pleader, waives service of notice of rule

    SPONSORED

    on behalf of the respondent-State.

    2. Heard Mr. Dadhichi L. Limbola, learned Advocate for the

    petitioner and Mr. Rami, learned AGP for the respondent-

    State.

    Page 1 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026

    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    3. The present writ petition is filed under Article 226 of the

    Constitution of India, seeking the following reliefs:

    “(A) This Honourable Court be pleased to admit and allow this

    petition.

    (B) This Honourable court be pleased to issue a writ of Mandamus

    or in the nature of Mandamus or any other writ that it may deem fit

    directing the respondents authority to either appoint the petitioner

    on Compassionate grounds or to pay lump sum compensation to

    the petitioner.

    (C) Be pleased to pass such other and further order(s) as may be

    deemed fit and proper in the interest of justice.

    (D) Be pleased to award cost of this petition from the respondents.”

    4. SHORT FACTS:

    4.1. It is the case of the petitioner that her husband was serving as a

    peon in the Industrial Training Institute, Amreli – Respondent

    No. 2 herein and died in harness during his service on

    13.12.2008 as he met with an accident.

    4.2. The petitioner appears to have applied for compassionate

    Page 2 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    appointment vide her application dated 15.09.2009, which

    came to be rejected by the respondent vide its communication

    dated 15.12.2009. It was rejected solely on the ground that she

    is not possessing the requisite educational qualification, i.e.,

    10th pass. It is not in dispute that the petitioner is only 4th

    pass.

    4.3. Thereafter, the petitioner again appears to have filed another

    application dated 05.06.2012, requesting the respondents to

    grant her appointment on compassionate basis and/or to give

    lump sum compensation as per the Government Resolution

    dated 05.07.2011. Since the petitioner’s claim was already

    turned down by the respondent, then vide its communication

    dated 14.08.2013, followed by communication dated

    19.10.2013, such claim of the petitioner was again turned down.

    4.4. It further appears that the petitioner again approached the

    respondent to grant her lump sum compensation vide her

    application dated 08.01.2016, which was also turned down by

    the respondent vide its communication dated 04.03.2016.

    Despite such rejection, one after another, again the petitioner

    made another application on 11.03.2017, which also was

    Page 3 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    rejected by the respondent vide its communication dated

    22.05.2017. Hence, the present petition.

    5. SUBMISSIONS OF THE PETITIONER:

    5.1. Mr. Limbola, learned Advocate for the petitioner, would

    submit that the petitioner is an illiterate lady and is not aware

    about her right to challenge the first decision before this Court

    and as such, her financial condition is very poor due to the

    untimely death of her husband. It is submitted that mere delay

    in filing the petition may not be a ground for rejection of

    petitioner’s claim.

    5.2. Mr. Limbola, learned Advocate would further submit that as

    per Government Resolution dated 10.03.2000, whereby, the

    respondent required to consider the claim of the petitioner to

    give her compassionate appointment, wherein nowhere it has

    been stated that compassionate appointee is required to possess

    minimum educational qualification, i.e., 10th pass. It is

    submitted that the decision taken by the respondent is not only

    contrary to the aforesaid resolution but the same is

    unsustainable in law. It is submitted that once the decision of

    the respondent runs contrary to its own resolution, it violates

    Page 4 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    the fundamental right of the petitioner to seek claim of

    compassionate appointment.

    5.3. Mr. Limbola, learned Advocate would further submit that, in

    view of the subsequent resolution dated 05.07.2011, issued by

    the State, at least the petitioner is entitled to receive lump sum

    compensation which may help her to sustain her livelihood.

    5.4. Making the above submissions, Mr. Limbola, learned

    Advocate would request this Court to allow the present writ

    petition.

    6. SUBMISSIONS OF THE RESPONDENT-STATE:

    6.1. Per contra, Mr. Rami, learned AGP would vehemently oppose

    this petition on the ground that there is an inordinate delay on

    the part of the petitioner in approaching this Court, that too

    seeking a relief of compassionate appointment/compensation as

    the case may be. It is submitted that the claim of the petitioner

    was already rejected way back in the year 2009 and thereafter

    also in the years 2013, 2016 and 2017 respectively, the claim of

    the petitioner was not entertained by the respondent. Whereas,

    the present petition is filed in the year 2021, it may not be

    entertained by this Court.

    Page 5 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026

    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    6.2. Mr. Rami, learned AGP would submit that once the claim of

    compassionate appointment has been rejected by the

    respondent in the year 2009, it was a cause of action for the

    petitioner to challenge such decision and there was no reason

    for the petitioner, maybe illiterate one, to file application after

    application seeking compassionate appointment or lump sum

    compensation, as the case may be.

    6.3. Mr. Rami, learned AGP would further submit that the claim of

    compassionate appointment cannot be equated with

    fundamental right, as the object and purpose of granting

    compassionate appointment is to help the family who lost their

    bread earner and to give immediate succour to the family of the

    deceased employee, who left the family in precarious situation.

    6.4. Making the above submissions, Mr. Rami, learned AGP would

    request this Court to dismiss the present writ petition.

    7. No other and further submissions are being made.

    ANALYSIS:

    8. Having heard learned Advocates appearing for the respective

    parties and after perusal of the pleadings and documents made

    Page 6 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    available on record, following would emerge;

    8.1. There is no dispute that the husband of the petitioner died

    during the course of service on 13.12.2008 and the petitioner’s

    application seeking compassionate appointment came to be

    rejected by the respondent on 15.12.2009. Thereafter, she had

    filed repeatedly one after another in all 3 applications, in the

    year 2013, 2016 & 2017, respectively, sought the similar relief.

    All these applications came to be rejected in the respective

    years. Last such rejection was in the year 2017. This petition

    was filed on 17.09.2021, i.e., almost after about 12 years from

    first rejection on 15.12.2009. The delay in approaching this

    Court is visible and this itself is a ground not to entertain the

    claim of the petitioner seeking compassionate appointment.

    9. The law on the issue of compassionate appointment is no

    longer res integra and succinctly discussed by the Honourable

    Apex Court in its recent decision in the case of Canara Bank vs.

    Ajitkumar G.K., reported in AIR 2025 SC 1232 : 2025 SCC

    OnLine SC 290, wherein, after referring the previous

    precedents on the issue germane in the case on hand, case law is

    discussed and summarized, held thus:

    Page 7 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026

    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    “JUDICIAL PRECEDENTS ON THE ISSUE OF

    COMPASSIONATE APPOINTMENT

    [10] The policy to appoint a dependant family member of

    an employee who has died-in-harness or has been

    medically rendered unfit to perform further job, thereby

    leaving the family in utter penury, is not of too distant an

    origin. Going by law reports, the policy seems to have

    originated during the seventies of the last century and

    gained momentum in the following decades with this

    Court laying down guidelines from time to time for grant

    of compassionate appointment. The rationale for such

    appointment has been explained in Haryana State

    Electricity Board v. Hakim Singh, 1997 8 SCC 85 in

    the following words:

    “8. The rule of appointments to public service is that
    they should be on merits and through open
    invitation. It is the normal route through which one
    can get into a public employment. However, as
    every rule can have exceptions, there are a few
    exceptions to the said rule also which have been
    evolved to meet certain contingencies. As per one
    such exception relief is provided to the bereaved
    family of a deceased employee by accommodating
    one of his dependants in a vacancy. The object is to
    give succour to the family which has been suddenly
    plunged into penury due to the untimely death of its

    Page 8 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    sole breadwinner. This Court has observed time and
    again that the object of providing such ameliorating
    relief should not be taken as opening an alternative
    mode of recruitment to public employment.”

    [11] Decisions of this Court on the contours of

    appointment on compassionate ground are legion and it

    would be apt for us to consider certain well-settled

    principles, which have crystallized through precedents

    into a rule of law. They are (not in sequential but

    contextual order):

    a) Appointment on compassionate ground, which is
    offered on humanitarian grounds, is an exception to the
    rule of equality in the matter of public employment [see
    General Manager, State Bank of India v Anju Jain,
    2008 8 SCC 475 ].

    b) Compassionate appointment cannot be made in the
    absence of rules or instructions [see Haryana State
    Electricity Board v. Krishna Devi
    , 2002 10 SCC 246].

    c) Compassionate appointment is ordinarily offered in
    two contingencies carved out as exceptions to the general
    rule, viz. to meet the sudden crisis occurring in a family
    either on account of death or of medical invalidation of
    the breadwinner while in service [see V. Sivamurthy v.

    Union of India, 2008 13 SCC 730].

    d) The whole object of granting compassionate
    employment by an employer being intended to enable the

    Page 9 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    family members of a deceased or an incapacitated
    employee to tide over the sudden financial crisis,
    appointments on compassionate ground should be made
    immediately to redeem the family in distress [see
    Sushma Gosain v. Union of India, 1989 4 SCC 468].

    e) Since rules relating to compassionate appointment
    permit a sidedoor entry, the same have to be given strict
    interpretation [see Uttaranchal Jal Sansthan v. Laxmi
    Devi
    , 2009 11 SCC 453].

    f) Compassionate appointment is a concession and not a
    right and the criteria laid down in the Rules must be
    satisfied by all aspirants [see SAIL v. Madhusudan Das,
    2008 15 SCC 560].

    g) None can claim compassionate appointment by way of
    inheritance [see State of Chattisgarh v. Dhirjo Kumar
    Sengar
    , 2009 13 SCC 600].

    h) Appointment based solely on descent is inimical to our
    constitutional scheme, and being an exception, the
    scheme has to be strictly construed and confined only to
    the purpose it seeks to achieve [see Bhawani Prasad
    Sonkar v. Union of India
    , 2011 4 SCC 209].

    i) None can claim compassionate appointment, on the
    occurrence of death/medical incapacitation of the
    concerned employee (the sole bread earner of the family),
    as if it were a vested right, and any appointment without
    considering the financial condition of the family of the
    deceased is legally impermissible [see Union of India v.

    Page 10 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026

    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    Amrita Sinha, 2021 20 SCC 695].

    j) An application for compassionate appointment has to
    be made immediately upon death/incapacitation and in
    any case within a reasonable period thereof or else a
    presumption could be drawn that the family of the
    deceased/incapacitated employee is not in immediate
    need of financial assistance. Such appointment not being
    a vested right, the right to apply cannot be exercised at
    any time in future and it cannot be offered whatever the
    lapse of time and after the crisis is over [see Eastern
    Coalfields Ltd. v. Anil Badyakar
    , 2009 13 SCC 112].

    k) The object of compassionate employment is not to give
    a member of a family of the deceased employee a post
    much less a post for post held by the deceased. Offering
    compassionate employment as a matter of course
    irrespective of the financial condition of the family of the
    deceased and making compassionate appointments in
    posts above Class III and IV is legally impermissible [see
    Umesh Kumar Nagpal v. State of Haryana, 1994 4 SCC
    138].

    l) Indigence of the dependents of the deceased employee
    is the first precondition to bring the case under the
    scheme of compassionate appointment. If the element of
    indigence and the need to provide immediate assistance
    for relief from financial destitution is taken away from
    compassionate appointment, it would turn out to be a
    reservation in favour of the dependents of the employee
    who died while in service which would directly be in

    Page 11 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    conflict with the ideal of equality guaranteed under
    Articles 14 and 16 of the Constitution [see Union of
    India v. B. Kishore
    , 2011 13 SCC 131].

    m) The idea of compassionate appointment is not to
    provide for endless compassion [see I.G. (Karmik) v.
    Prahalad Mani Tripathi
    , 2007 6 SCC 162].

    n) Satisfaction that the family members have been facing
    financial distress and that an appointment on
    compassionate ground may assist them to tide over such
    distress is not enough; the dependent must fulfil the
    eligibility criteria for such appointment [see State of
    Gujarat v. Arvindkumar T. Tiwari
    , 2012 9 SCC 545].

    o) There cannot be reservation of a vacancy till such time
    as the applicant becomes a major after a number of
    years, unless there are some specific provisions [see
    Sanjay Kumar v. State of Bihar, 2000 7 SCC 192].

    p) Grant of family pension or payment of terminal
    benefits cannot be treated as substitute for providing
    employment assistance. Also, it is only in rare cases and
    that too if provided by the scheme for compassionate
    appointment and not otherwise, that a dependent who
    was a minor on the date of death/incapacitation, can be
    considered for appointment upon attaining majority [see
    Canara Bank (supra)].

    q) An appointment on compassionate ground made many
    years after the death/incapacitation of the employee or
    without due consideration of the financial resources

    Page 12 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    available to the dependent of the deceased/incapacitated
    employee would be directly in conflict with Articles 14
    and 16 of the Constitution [see National Institute of
    Technology v. Niraj Kumar Singh
    , 2007 2 SCC 481].

    r) Dependents if gainfully employed cannot be considered
    [see Haryana Public Service Commission v. Harinder
    Singh
    , 1998 5 SCC 452].

    s) The retiral benefits received by the heirs of the
    deceased employee are to be taken into consideration to
    determine if the family of the deceased is left in penury.
    The court cannot dilute the criterion of penury to one of
    “not very well-to-do”. [see General Manager (D and PB)
    v. Kunti Tiwary, 2004 7 SCC 271].

    t) Financial condition of the family of the deceased
    employee, allegedly in distress or penury, has to be
    evaluated or else the object of the scheme would stand
    defeated inasmuch as in such an eventuality, any and
    every dependent of an employee dying-in harness would
    claim employment as if public employment is heritable
    [see Union of India v. Shashank Goswami, 2012 11
    SCC 307, Union Bank of India v. M. T. Latheesh, 2006
    7 SCC 350, National Hydroelectric Power Corporation
    v. Nank Chand
    , 2004 12 SCC 487 and Punjab National
    Bank v. Ashwini Kumar Taneja
    , 2004 7 SCC 265].

    u) The terminal benefits, investments, monthly family
    income including the family pension and income of family
    from other sources, viz. agricultural land were rightly

    Page 13 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    taken into consideration by the authority to decide
    whether the family is living in penury. [see Somvir Singh
    (supra)].

    v) The benefits received by widow of deceased employee
    under Family Benefit Scheme assuring monthly payment
    cannot stand in her way for compassionate appointment.
    Family Benefit Scheme cannot be equated with benefits of
    compassionate appointment. [see Balbir Kaur v. SAIL,
    2000 6 SCC 493]

    w) The fixation of an income slab is, in fact, a measure
    which dilutes the element of arbitrariness. While,
    undoubtedly, the facts of each individual case have to be
    borne in mind in taking a decision, the fixation of an
    income slab subserves the purpose of bringing objectivity
    and uniformity in the process of decision making. [see
    State of H.P. v. Shashi Kumar, 2019 3 SCC 653].

    x) Courts cannot confer benediction impelled by
    sympathetic consideration [see Life Insurance
    Corporation of India v. Asha Ramchandra Ambekar
    ,
    1994 2 SCC 718].

    y) Courts cannot allow compassionate appointment
    dehors the statutory regulations/instructions. Hardship of
    the candidate does not entitle him to appointment dehors
    such regulations/instructions [see SBI v. Jaspal Kaur,
    2007 9 SCC 571].

    z) An employer cannot be compelled to make an
    appointment on compassionate ground contrary to its

    Page 14 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    policy [see Kendriya Vidyalaya Sangathan v.
    Dharmendra Sharma
    , 2007 8 SCC 148].

    It would be of some relevance to mention here that all the
    decisions referred to above are by coordinate benches of
    two Judges.

    [30] The observation in Kunti Tiwary (supra) noted above

    seems to assume significance and we draw inspiration

    therefrom in making the observation that no appointment

    on compassionate ground ought to be made as if it is a

    matter of course or right, being blissfully oblivious of the

    laudable object of any policy/scheme in this behalf.

    [45] The ratio decidendi of all these decisions have

    to be read in harmony to achieve the noble goal of

    giving succour to the dependants of the employee

    dying-in-harness, who are genuinely in need, and

    not with the aim of giving them a post for another

    post. One has to remember in this connection the

    caution sounded in Umesh Kumar Nagpal (supra) that

    as against the destitute family of the deceased there are

    millions of other families which are equally, if not more,

    destitute.”

    (emphasis supplied)

    10. Thus, considering the ratio of the aforesaid decision of the

    Page 15 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    Honourable Apex Court, applying to the case on hand, it

    would not be appropriate for this Court to examine the merits

    of the claim of the petitioner after these many years. The entire

    object of granting compassionate appointment lost its

    significance after these many years as husband of petitioner

    died in the year 2008 and this petition filed in the year 2021.

    There is a reason to believe that family of deceased employee

    (including petitioner) is able to survive for these many years,

    then petitioner’s claim of compassionate appointment cannot

    be considered.

    11. It may be true that at the relevant point of time, as per the

    policy of the Government in the form of resolution dated

    10.03.2000, whereby, it was decided to grant compassionate

    appointment to one of the family members of Class III and

    Class IV employee who died in harness, there is no requirement

    that compassionate appointee must possess minimum

    qualification, i.e., 10th pass. As observed above, considering

    the inordinate delay on the part of the petitioner in

    approaching this Court, it would not be appropriate to decide

    such issue; rather the relief as regards compassionate

    appointment sought by the petitioner in this petition requires

    Page 16 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    to be rejected solely on the ground of delay and laches.

    12. So far as the claim of the petitioner as regards lump sum

    compensation is concerned, it appears that the petitioner

    submitted application after application in this regard before the

    authority in the years 2013, 2016 and 2017 respectively, mainly

    on the ground that as per the resolution dated 05.07.2011, she

    may be granted lump sum compensation.

    13. Again, the claim of the petitioner cannot be entertained simply

    on the ground that as per clause Nos. 5 and 6 of the said

    resolution, which would clearly suggest that any claim of

    applicant seeking compassionate appointment which is rejected

    prior to the said resolution, in such cases, it shall not be

    reviewed again. It is so mentioned that the said policy of the

    Government (granting lum sum compensation) will apply to

    applications which are pending as on 05.07.2011.

    Undisputedly, as observed hereinabove, the application of the

    petitioner filed in the year 2009 came to be rejected on

    15.12.2009. Thus, as on the date of 05.07.2011, no application

    of the petitioner in regard to compassionate appointment can

    be said to have been pending. Subsequent to said rejection,

    Page 17 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026
    NEUTRAL CITATION

    C/SCA/13534/2021 JUDGMENT DATED: 12/03/2026

    undefined

    merely filing application after application seeking

    compensation would not allow the petitioner to sustain the

    claim of lum sum compensation against the respondent. Thus,

    the claim of the petitioner seeking relief of lump sum

    compensation also cannot be granted.

    14. In view of the foregoing reasons and conclusions, I do not find

    any merit in this petition, which requires to be dismissed and

    the same is hereby dismissed. Rule is discharged. There shall be

    no order as to costs.

    (MAULIK J. SHELAT, J)
    NILESH

    Page 18 of 18

    Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Mar 16 2026 Downloaded on : Mon Mar 16 21:01:03 IST 2026



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here