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SCA/12875/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12875 of 2008
=========================================================
SITABEN
GOVINDBHAI NINAMA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/10/2008
ORAL
ORDER
1. The
petitioner prays for a direction to the respondent authorities to
consider the case of the present petitioner pursuant to the policy
which was in existence at the relevant point of time and to quash and
set aside the orders of the respondent authorities rejecting the
application of the petitioner for appointment on compassionate
appointment.
2. The
husband of the petitioner died on 19th July 2001 and the
petitioner wife applied for compassionate appointment but as she did
not possess the qualification of S.S.C her application was rejected.
3. As
a result of hearing and perusal of record I am of the view that when
the criteria is of passing of SSC, the respondent cannot bypass such
eligibility criterion. In view of the decision of Shiv Dass Vs
Union of India and Ors reported in AIR 2007 SC 1330 it is held
that claim for disability pension cause of action continues from
month to month. However, this cannot be a ground to overlook delay in
filing petition. The husband of the petitioner died on 19th
July 2001 and the petitioner moved an application in September 2008
therefore there is delay in moving the application.
4. In
the premises aforesaid I do not find any merits in the matter. The
petition is therefore dismissed. Notice is discharged with no order
as to costs.
(K.S.Jhaveri,J.)
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