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LPA/55/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 55 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6417 of 2009
With
CIVIL
APPLICATION No. 56 of 2010
In
LETTERS PATENT APPEAL No. 55 of 2010
=========================================================
ROMILSINH
ARVINDSINH THAKOR - Appellant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
KEYUR A VYAS for
Appellant(s) : 1,
MR NJ SHAH, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 17/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the appellant.
The
father of the appellant died in 1997. For the first time, in 2000,
mother of the appellant filed an application that her son is minor
and on attaining the majority, he will apply for service. This
clearly shows that at the time when the father of the appellant died,
the family was not desirous of obtaining any immediate employment,
otherwise the application would have been on behalf of the mother.
This conduct itself shows that the family was not in such dire
straits that they have needed appointment on compassionate ground.
The learned single Judge relying on the decision of the Supreme Court
in the case of State of JK and others v. Sajad Ahmed Mir
reported in (2006) 5 SCC 766 and in the case of National
Hydroelectric Power Corporation and another v. Nayak Chand and
another reported in 2004 AIR SCW 6339 has rejected the
petition, in our considered opinion rightly so.
In
that view of the matter, we do not think that any illegality has been
committed by the learned single Judge in dismissing the petition. No
force. The appeal is dismissed.
In
view of dismissal of main appeal, civil application does not survive
and is accordingly disposed of.
(BHAGWATI
PRASAD, J.)
(BANKIM
N.MEHTA, J.)
shekhar/-
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