Case Note & Summary
The petitioner, Gitaben Jagdishbhai Vaghela, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents, the State of Gujarat and the Industrial Training Institute, Amreli, to either appoint her on compassionate grounds or pay lump sum compensation. Her husband, a peon at the Industrial Training Institute, died in harness on 13.12.2008. She applied for compassionate appointment on 15.09.2009, but it was rejected on 15.12.2009 on the ground that she did not possess the requisite educational qualification of 10th pass (she was only 4th pass). She made subsequent applications on 05.06.2012, 08.01.2016, and 10.08.2021, requesting lump sum compensation as per the Government Resolution dated 05.07.2011, but these were also rejected. The court considered the issue of whether the petitioner, being ineligible for compassionate appointment due to lack of educational qualification, is entitled to lump sum compensation. The court noted that the Government Resolution dated 05.07.2011 provides for lump sum compensation in lieu of compassionate appointment for dependents who are not eligible for appointment. The court held that the petitioner is entitled to such compensation and directed the respondents to pay Rs. 3,00,000/- within eight weeks from the date of the order. The petition was allowed accordingly.
Headnote
A) Compassionate Appointment - Educational Qualification - Lump Sum Compensation - Government Resolution dated 05.07.2011 - The petitioner's husband died in harness on 13.12.2008. The petitioner applied for compassionate appointment but was rejected as she was only 4th pass, not 10th pass. She later sought lump sum compensation under the Government Resolution dated 05.07.2011. The court held that the petitioner is entitled to lump sum compensation as per the Government Resolution, as she is not qualified for appointment. The court directed the respondents to pay lump sum compensation of Rs. 3,00,000/- within eight weeks (Paras 1-18).
Issue of Consideration
Whether the petitioner, who is not educationally qualified for compassionate appointment, is entitled to lump sum compensation in lieu of appointment as per the Government Resolution dated 05.07.2011.
Final Decision
The petition is allowed. The respondents are directed to pay lump sum compensation of Rs. 3,00,000/- to the petitioner within eight weeks from the date of the order. Rule is made absolute.
Law Points
- Compassionate appointment
- Lump sum compensation
- Government Resolution dated 05.07.2011
- Educational qualification
- Article 226 of the Constitution of India
Case Details
2026 LawText (GUJ) (03) 632
R/SPECIAL CIVIL APPLICATION NO. 13534 of 2021
MR DADHICHI L LIMBOLA for the Petitioner, MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER for the Respondent No. 1
Gitaben Jagdishbhai Vaghela
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking compassionate appointment or lump sum compensation.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to appoint her on compassionate grounds or pay lump sum compensation.
Filing Reason
Petitioner's husband died in harness on 13.12.2008; her application for compassionate appointment was rejected due to lack of educational qualification; subsequent requests for lump sum compensation were also rejected.
Previous Decisions
Application for compassionate appointment rejected on 15.12.2009; subsequent applications for lump sum compensation rejected on 14.08.2013, 19.10.2013, and later.
Issues
Whether the petitioner is entitled to lump sum compensation in lieu of compassionate appointment under the Government Resolution dated 05.07.2011 when she lacks the requisite educational qualification for appointment.
Submissions/Arguments
Petitioner argued that she is entitled to lump sum compensation as per Government Resolution dated 05.07.2011 since she is not qualified for compassionate appointment.
Respondent State opposed the petition, but the court found no merit in the opposition.
Ratio Decidendi
A dependent who is not eligible for compassionate appointment due to lack of educational qualification is entitled to lump sum compensation as per the Government Resolution dated 05.07.2011, which provides for such compensation in lieu of appointment.
Judgment Excerpts
The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs...
It is the case of the petitioner that her husband was serving as a peon in the Industrial Training Institute, Amreli... and died in harness during his service on 13.12.2008...
The petitioner appears to have applied for compassionate appointment vide her application dated 15.09.2009, which came to be rejected... solely on the ground that she is not possessing the requisite educational qualification, i.e., 10th pass.
The court held that the petitioner is entitled to lump sum compensation as per the Government Resolution dated 05.07.2011.
Procedural History
The petitioner's husband died on 13.12.2008. She applied for compassionate appointment on 15.09.2009, rejected on 15.12.2009. She applied for lump sum compensation on 05.06.2012, rejected on 14.08.2013 and 19.10.2013. She applied again on 08.01.2016, rejected. She filed the present writ petition on an unspecified date, and the judgment was delivered on 12.03.2026.
Acts & Sections
- Constitution of India: Article 226
