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SCA/14664/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14664 of 2008
With
LETTERS
PATENT APPEAL No. 502 of 2010
In
SPECIAL CIVIL APPLICATION No. 13105 of 2009
With
SPECIAL
CIVIL APPLICATION No. 3217 of 2003
With
SPECIAL
CIVIL APPLICATION No. 13105 of
2009
=================================================
GAGAN
S SETHI, MEMBER, SPECIAL MONITORING GROUP & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=================================================
Appearance
:
MR.
AMIT PANCHAL WITH MS. SHIVANIRAJPUROHIT for Petitioner(s) : 1 - 2.
MR
PK JANI GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 - 3.
MR PS CHAMPANERI for Respondent(s) : 4,
MR
ANSHIN H DESAI for Respondent(s) : 4,
NOTICE SERVED BY DS for
Respondent(s) : 5 - 6.
MRS VD NANAVATI for Respondent(s) :
5,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 14/02/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
An
affidavit has been filed by the 1st, 2nd and 3rd respondents-State of
Gujarat through Under Secretary, Revenue Department. It appears that
the Central Government has released a further amount of Rs.85.75 cr.,
which has been transferred to the offices of all the 22 District
Collectors by the State Government. The amount is required to be
disbursed to the riot affected persons, who were identified. The
State Government has taken the plea that it is not possible to
provide compassionate appointments to the family members of the riot
affected persons. However, we are not inclined to make any
observation with regard to the same, as the question of grant of
compassionate appointment is a policy decision, which is generally
taken de hors normal procedure of appointment by issuing
advertisement, giving opportunity to others, but in certain cases, it
has been held to be in consonance with Articles 14 and 16 of the
Constitution of India. As it is a matter of Government policy, we do
not pass any specific order for grant of compassionate appointments.
However, as we find that the amount of Rs.85.75 cr. has been
transferred by the Central Government to the State, which in turn has
been transferred to the offices of 22 District Collectors, we direct
the respondents to disburse the amount immediately to the riot
affected persons and file a list giving details of persons in whose
favour such amounts have been paid. They should prepare lists of
such persons for each and every district and may supply copies of the
same, if any person applies under the Right to Information Act, 2005.
Post the matter on 15.03.2011 along with Special Civil Applications
Nos.3217 of 2003 and 13105 of 2009 on 15.03.2011.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
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