Gujarat High Court High Court

=========================================Appearance vs Mr Shivang Shukla on 23 July, 2010

Gujarat High Court
=========================================Appearance vs Mr Shivang Shukla on 23 July, 2010
Author: Bhagwati Prasad,&Nbsp;Honourable H.B.Antani,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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LPA/1582/2010	 2/ 2	ORDER 
 
 

	

 


IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 


LETTERS
PATENT APPEAL No. 1582 of 2010
 


In


 


SPECIAL
CIVIL APPLICATION No. 5077 of 2010
 


With


 


CIVIL
APPLICATION No. 7684 of 2010
 


In


 


LETTERS
PATENT APPEAL No. 1582 of 2010
 

=========================================
 


PUNIT
HARIBHAI DANGAR 

 


Versus
 


STATE
OF GUJARAT AND OTHERS 

 

=========================================Appearance
: 
MR HASIT H
JOSHI for
the Appellant  
MR SHIVANG SHUKLA, ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1, 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BHAGWATI PRASAD
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE H.B.ANTANI
		
	

 

 
 


 

Date
: 23/07/2010 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)

Heard
the learned counsel for the appellant.

Admittedly,
the father of the appellant died in 1992. After death, the mother
of the appellant was available to be offered appointment on
compassionate ground, however she did not apply and at that time,
the appellant was minor. Since the appellant was minor, the mother
could have asked for appointment. She having not asked for
appointment, the son, i.e. the appellant herein, after attaining
majority, can not ask for appointment for the simple reason that
compassionate appointment is available only under those circumstances
where family is not in a position to maintain itself. Having
maintained itself for a longer period and appointment when available
was not asked for by the mother of the appellant, the entitlement of
the appellant cannot be seen.

The
learned Single in view of the decision of the Hon’ble Supreme Court,
has declined to grant any relief to the petitioner- appellant and in
our considered opinion, right so.

In
the above view of the matter, the appeal has no force and the same is
dismissed.

In
view of the dismissal of the appeal, no order is required to be
passed on the Civil Application and the same is disposed of
accordingly.

(BHAGWATI
PRASAD, J.)

(H.B.ANTANI,
J.)

omkar

   

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