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MCA/2583/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 2583 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11408 of 2009
=========================================================
GHANSHYAMBHAI
DIPALBHAI DHARAJIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Opponent(s)
=========================================================
Appearance
:
MS
TEJAL J SHAH for
Applicant(s) : 1,
MR MUNSHAW for Opponent - 3
AFF.NOT
FILED (N) for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 13/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Mr.
Munshaw, Ld. Advocate appears and states that he has received
instructions to appear for respondent no. 3 -District Primary
Education Officer, Ahmedabad. He shall enter his appearance
representing him latest by tomorrow.
2. Mr.
LB Dabhi, Ld. AGP for respondents nos. 1 and 2 – State of
Gujarat as well as Panchayat, Rural Housing and Rural Development
Department, Sachivalaya, Gandhinagar, states that the Deputy
Secretary, Panchayat, Rural Housing and Rural Development
Department, Sachivalaya, Gandhinagar, has passed the order dated
12/10/2010 directing District Development Officer, Ahmedabad to give
compassionate appointment to the petitioner on the post of Class-III
in fixed salary of Rs.4,500/- p.m., on ad-hoc basis on the terms and
conditions mentioned therein. Therefore, according to him, the
petition filed for alleged contempt committed by the respondent, now
assume no survival value. He, therefore, urges to pass appropriate
order. He has also placed on record copy of the order dated
12/10/2010 passed by the Deputy Secretary, Panchayat, Rural Housing
and Rural Development Department, Sachivalaya, Gandhinagar, for
perusal of this Court.
3. Ms.
Tejal Shah, Ld. Advocate for the petitioner states that since the
order directing the District Development Officer, Ahmedabad, to give
compassionate appointment to the petitioner has been passed on
12/10/2010, she has not been informed about the said order by her
client, as the said order is not communicated to her client. She,
therefore, prays to adjourn the matter to enable her to take
instructions from her client as to whether the District Development
Officer has passed the order giving compassionate appointment to the
petitioner pursuant to the order passed by the Deputy Secretary,
Panchayat, Rural Housing and Rural Development Department, on the
terms and conditions mentioned therein or not.
4. Hence,
by consent matter is adjourned to 15/10/2010.
5. Copy
of the said order dated 12/10/2010 shall be retained on the record of
the case.
(A.M.
Kapadia, J.)
(
J.C. Upadhyaya, J.)
* Pansala.
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