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SCA/7267/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7267 of 2011
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ILLIYAS
VALIMOHAMED HINGORA - Petitioner(s)
Versus
GUJARAT
STATE ROAD TRANSPORT CORPORATION & 1 - Respondent(s)
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Appearance :
MR
YV VAGHELA for Petitioner(s) : 1,
MS ARCHANA N. PATEL for MR
HARDIK C RAWAL for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/10/2011
ORAL
ORDER
This
is the third round of litigation filed under Article 226 of the
Constitution of India seeking compassionate appointment by the
petitioner, aged about 37 years on the ground that father of the
petitioner, who was working with the respondent died in harness on
10.09.1995. The application dated 13.10.1995 preferred by the
petitioner came to be rejected by an order dated 21.04.1999. Special
Civil Application No.14178 of 2007 filed by the petitioner against
the said decision, came to be disposed of by this Court [Coram :
Hon’ble Mr. Justice H.K.Rathod] [as His Lordship then was] with
directions to consider representation of th petitioner in accordance
with law.
2. Thereafter,
once again the petitioner approached this Court by filing Special
Civil Application No.22904 of 2007, which was heard and dismissed by
this Court [Coram : Hon’ble Mr. Justice K.S.Jhaveri] by order dated
27.01.2009. This is the third round of litigation with similar
prayers and in addition to above the petitioner has not disclosed the
fact of filing second writ petition being Special Civil Application
No.22904 of 2007 which came to be rejected on 27.01.2009. Therefore,
this petition is not only barred by res judicata but also hit
by suppression of material facts for which ordinarily this Court
would have imposed heavy costs. However, considering the fact the
petitioner is seeking compassionate appointment, this Court refrains
from imposing impose any costs.
Accordingly,
this petition stands dismissed.
Notice
discharged.
[Anant
S. Dave, J.]
*pvv
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