Gujarat High Court High Court

Kadarbhai vs State on 10 October, 2011

Gujarat High Court
Kadarbhai vs State on 10 October, 2011
Author: Anant S. Dave,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCA/14961/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 14961 of 2011
 

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

KADARBHAI
RASULBHAI MANDALI - Petitioner(s)
 

Versus
 

STATE
OF GUJARAT & 1 - Respondent(s)
 

========================================= 
Appearance
: 
MR SATYAJIT SEN for
Petitioner(s) : 1, 
None for Respondent(s) : 1 -
2. 
========================================= 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

 
 


 

Date
: 10/10/2011 

 

 
 
ORAL
ORDER

Heard
learned advocate for the petitioner.

Learned
advocate submits that pursuant to the Godhra incident a communal riot
erupted where the petitioner received 15% burn injuries and was
treated at Government hospital by the Medical Officer who had issued
certificate accordingly. As per the policy of the State of Gujarat
enumerated in Government Resolutions dated 4.3.2002 and 30.4.2002
persons including Government employees who received injuries during
communal riots were entitled to receive compensation and case of the
petitioner was recommended by the Mamlatdar to District Collector,
Surrendranagar, refused compensation to the petitioner on the ground
that the application was preferred by the petitioner after a lapse of
six years though no upper limit to receive the compensation is
prescribed in the Government Resolution.

In
view of the above, issue notice returnable on 18th
October, 2011 and if proper decision is not taken or the
order dated 9.1.2009 passed by the District Collector,
Surrendranagar, is not reviewed, since similarly situated employees
are considered for compensation in terms of the Government
Resolution, appropriate order will be passed including directing the
Collector to remain personally present before this Court.

Direct
service is permitted.

[ANANT
S. DAVE, J.]

//smita//

   

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