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SCA/8421/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8421 of 2011
=========================================================
PRAHLAD
VITHALDAS PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT THRO' SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR. HD
VASAVADA WITH MR. RK PARMAR FOR petitioner
MR
MAULIK NANAVATI AGP for Respondent(s) : 1,
None for Respondent(s)
: 2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/07/2011
ORAL
ORDER
Heard
learned advocate Mr. HD Vasavada with learned advocate Mr. RK Parmar
on behalf of petitioner, learned AGP Mr. Maulik Nanavati appearing
for respondent State.
In
present petition, petitioner has challenged Government Resolution or
Administrative instruction dated 23/3/2011, wherein Member of Gram
Rakshak Dal has been converted as Member of Homeguard.
Learned
AGP Mr. Nanavati submitted that administrative instruction dated
23/3/2011 is subsequently clarified in respect to item no. 15 of
said circular.
The
grievance voiced in present petition is that because of circular
dated 23/3/2011, service condition of concerned petitioner is to be
change adversely. Therefore, he is challenging same before this
Court. If that be so, let petitioner may file representation to
respondent no. 2 – Commander, Homeguard and Additional DGP,
Law and Order, Gujarat State within a period of ten days from date
of receiving copy of present order.
As
and when respondent no. 2 Commander, Homeguard and Additional DGP
receive such representation from petitioner, it is directed to
respondent no. 2 to examine it and consider grievance raised by
petitioner in representation. Then to pass appropriate reasoned
order in accordance with law within a period of one month from date
of receiving copy of such representation from petitioner and
communicate to decision to petitioner immediate. Let respondent no.
2 may consider such representation with sympathetic approach.
In
view of above observation and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service today is permitted.
(H.K.RATHOD,
J)
asma
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