Kalpanaben Bharatkumar Sevak vs Deputy Executive Engineer

1. Leave to amend the cause-title of the petition so as to array the concerned respondents, is granted. The necessary amendment be carried out, forthwith.

2. This petition under Article 226 of the Constitution of India has been preferred with a prayer to direct the concerned respondents to pay lump sum financial assistance to the petitioner in view of the Government Resolution dated 05.07.2011. Page 1 of 3

husband, Shri Bharatkumar Shantilal Sevak, was serving as "Hangami Operator" in the respondent department. He died while in harness on 10.07.2010, after putting in twenty-six years, four months and five days of service. The petitioner made an application to the Deputy Executive Engineer, Gujarat Water Resources Sub-Division in December, 2014, for the grant of lump sum financial assistance under the Government Resolution dated 05.07.2011. The grievance of the petitioner is that she has received no reply to the said representation, so far.

4. Mr.Jitendra H. Joshi, learned advocate for the petitioner submits that the petitioner may be permitted to make a fresh representation to respondents Nos.2 and 3, who may be directed to consider and decide the same in accordance with law, within a stipulated period of time.

6. Mr.D.M. Devnani, learned Assistant Government Pleader, appearing on an advance copy of the petition has no objection to the request made by the learned advocate for the petitioner.

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C/SCA/6024/2015 ORDER

7. In view of the above, the following order is passed:

In the event that the petitioner makes a fresh representation to respondents Nos.2 and 3 within a period of 2 weeks from today, respondents Nos.2 and 3 shall consider and decide the same, in accordance with law, and within a period of eight weeks from the date of the receipt of the representation.

8. The petition is disposed of, in the above terms, without entering into the merits of the case.

Direct Service of this order is permitted.

(SMT. ABHILASHA KUMARI, J.) ARG Page 3 of 3