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SCA/5531/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5531 of 2000
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RAMESHBHAI
BANSILAL SHAHERI 38/3, "CHH" TYPE - Petitioner(s)
Versus
STATE
OF GUJARAT, THROUGH SECRETARY, HEALTH & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RK MISHRA for
Petitioner(s) : 1,
MR JK SHAH, LD.ASST.GOVERNMENT PLEADER for
Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/05/2010
ORAL
ORDER
By
way of present petition, the petitioner has inter alia prayed for
the following reliefs :
16(B)
Your Lordships may be pleased to issue a writ of mandamus or any
other appropriate writ, direction or order and to hold and declare
that since there are clear vacant posts of drivers in the
respondents’ departments and the petitioner has been selected and his
names appears in the select list at Sr.85 which has not been operated
by issuing the order of appointment in favour of the petitioner and
this action of the respondents is illegal, arbitrary,
unconstitutional and violative of Articles 14 and 16 of the
Constitution of India and accordingly the respondents may kindly be
directed to issue appointment order for the of driver to the
petitioner by giving all the benefits which came to be extended to
last person came to be issued with the order of appointment while
operating the select list of drivers in question.
(C)
Your Lordships may further be pleased to hold and declare that the
petitioner is entitled to issuance of the order of appointment having
been selected in regular course and be pleased to pass appropriate
orders accordingly.
In
the peculiar facts and circumstances of the case, the petitioner
shall make a representation to the respondent-authority within a
period of four weeks from today and the respondents will consider
the case of the petitioner within a period of four months from the
date of receipt of such representation. It is, however, made clear
that this Court has not expressed any opinion on the merits of the
matter.
With
above observations and directions, the present petition stands
disposed of. Rule is discharged with no order as to costs.
(K.S.
Jhaveri, J)
Aakar
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