HARENDRASINH KISHORSINH MATROJA S/O KISHORSINH CHHATRASINH MATROJAversusSTATE OF GUJARAT

     C/SCA/3127/2020                           ORDER DATED: 02/02/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3127 of 2020

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       HARENDRASINH KISHORSINH MATROJA S/O KISHORSINH
                        CHHATRASINH MATROJA
                                Versus
                       STATE OF GUJARAT & ORS.
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Appearance:
ANIL H PATEL(7832) for the Petitioner(s) No. 1
MR BHUVNESH GAHLOT(10286) for the Petitioner(s) No. 1
D C BHATT(7618) for the Respondent(s) No. 3
MS FORUM BIMAL SUKHADWALA, ASSISTANT GOVERNMENT PLEADER
for the Respondent(s) No. 1, 2, 4
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 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                           Date : 02/02/2026

                            ORAL ORDER

1.    Rule returnable forthwith. Ms. Forum Bimal Sukhadwala,

      learned Assistant Government Pleader, waives service of notice

      of Rule on behalf of respondent Nos. 1, 2, and 4. Mr. D. C.

      Bhatt, learned Advocate, waives service of notice of Rule on

      behalf of respondent No. 3.

2.    With the consent of the parties, the matter is taken up for

      hearing.




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     C/SCA/3127/2020                                     ORDER DATED: 02/02/2026




3.    The present writ petition is filed under Articles 14, 16, 21, and

      226 of the Constitution of India, seeking the following reliefs:

               “(A) Your Lordships may be pleased to admit this Writ petition.

               (B) Your Lordship may be pleased to may be pleased to issue a
               writ of mandamus, a writ in the nature of mandamus оr any other
               appropriate writ, order or direction directing the respondent
               authorities to regularize the appointment of the Petitioner who are
               appointed on ad-hoc basis on compassionate ground.

               (C) Be pleased to pass such other/further orders deemed fit.”


4.    The father of the petitioner, namely Kishorsinh Chhatrasinh

      Matroja, was serving as a driver with respondent No. 3 and

      died in harness on 12th October, 2001, while on duty. At the

      relevant point in time, the petitioner who happens to be the son

      of the deceased employee was allowed to work as a daily wager

      with respondent No. 3. The compassionate appointment on the

      post of clerk was agreed to be given to the petitioner by

      respondent No. 3 vide its resolution dated 12th June, 2003.

5.    It further appears that as per the said resolution, the case of the

      petitioner was forwarded to the State for its in-principle

      approval to appoint the petitioner as a clerk. Nonetheless, as

      per the affidavit of respondent No. 3 filed in this matter, his


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     C/SCA/3127/2020                                  ORDER DATED: 02/02/2026




      appointment as an ad-hoc clerk was given w.e.f. 1st November,

      2001.

6.    Be that as it may, the respondent-State, vide its impugned

      communication dated 16th May, 2005, rejected the aforesaid

      proposal of respondent No. 3, mainly on the following two

      grounds:

      (i)      The establishment cost of respondent No. 3 is much

               higher than the permissible limit.

      (ii)     As per the Government Resolution dated 26th June,

               2003, issued by the Urban Development and Urban

               Housing    Department       of   the   State,     whereby        no

               compassionate appointment should be offered.

7.    It has come on record from the pleadings of the parties that the

      establishment cost of respondent No. 3 was not beyond the

      permissible limit. Apart from the said fact, as per the

      Government Resolution dated 10th March, 2000, the State has

      decided to give compassionate appointments to the dependent

      family of deceased employees who died during service, leaving

      the family in helpless condition without any means of

      livelihood. The copy of the aforesaid Government Resolution



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      C/SCA/3127/2020                              ORDER DATED: 02/02/2026




       is submitted by Mr. Bhuvnesh Gahlot, learned Advocate for

       the petitioner, which is taken on record.

8.     After going through the said resolution, nowhere it has been

       stated that in a case where the establishment cost of particular

       State instrumentality is beyond the permissible limit, no

       compassionate appointment can be offered to dependent family

       members, as the case may be.

9.     So far as the aforesaid subsequent resolution dated 26th June,

       2003, is concerned, it can be seen that in the present case, the

       respondent No. 3-Municipality decided to offer compassionate

       appointment to the petitioner vide its resolution dated 12th

       June, 2003, which is prior to the said resolution of the State.

10.    In view of the aforesaid, the grounds which are set out in the

       impugned         communication    dated   16th   May, 2005,           are

       unsustainable, inasmuch as, they are neither in consonance

       with the Government Resolution dated 10th March, 2000, nor

       the compassionate appointment was given to the petitioner

       prior to the subsequent resolution dated 26th June, 2003, of the

       State.

11.    At last, it is also come on record that as on date also, there is a



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      C/SCA/3127/2020                            ORDER DATED: 02/02/2026




       post of clerk vacant in the respondent No. 3, and in that

       circumstance also, there is no reason available with the

       respondent-State not to accept the proposal of respondent

       No.3.

12.    In view of the aforesaid, the impugned communication dated

       16th May, 2005, is hereby quashed and set-aside.

13.    In light of the aforesaid facts and circumstances and for the

       foregoing reasons, the present writ petition is partly allowed.

       Rule is made absolute to the aforesaid extent.

14.    Accordingly, respondent No. 4-the Regional Commissioner of

       Nagarpalika, Surat Zone, is hereby directed to grant in-

       principle approval of the compassionate appointment of the

       petitioner, as has been done by respondent No. 3 vide its

       resolution dated 12th June, 2003. To pass an appropriate order

       by respondent No. 4, if any formal application/information is

       required, the same shall be supplied by respondent No. 3. Such

       exercise shall be completed by the respondents on or before

       31st March, 2006.

15.    It goes without saying that the petitioner has been working as

       an ad-hoc clerk w.e.f. 1st November, 2001 and as the resolution



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         C/SCA/3127/2020                                                                  ORDER DATED: 02/02/2026




            of respondent No. 3 was passed on 12th June, 2003, while

            regularising the service of the petitioner, the effect of such

            regularisation will be given from the date of resolution, i.e.,

            12th June, 2003. All consequential benefits flowing from the

            order of regularisation shall be paid to the petitioner by

            respondent No. 3 on or before 30th May, 2026.




                                                                                            (MAULIK J.SHELAT,J)
NILESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 02/02/2026 14:45:42




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