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SCA/4834/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4834 of 2011
=========================================================
ALTAFKHAN
ANWARKHAN PATHAN - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AS SUPEHIA for
Petitioner(s) : 1,
MR. MAULIK NANAVATI, ASST. GOVERNMENT PLEADER
for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/07/2011
ORAL
ORDER
Heard
learned advocate Mr. A.S. Supehia, appearing on behalf of petitioner
and learned AGP, Mr. Maulik Nanavati, appearing on behalf of
respondent no.1.
In
present petition, petitioner has challenged denial of compassionate
appointment as per order dated 1st April,2010. Learned
advocate Mr. Supehia submitted that father of the petitioner died on
13.2.2001 and date of birth of petitioner is 12th
July,1988 and he become major on 12th July,2006.
Thereafter on 17th April,2007 he has made application for
compassionate appointment and he has cleared the S.S.C. Examination
in March,2005. He also submitted that as per Government Resolution
dated 10th March,2000 and 7th September,2002,
at the time when the father of the petitioner expired, petitioner was
minor, naturally such application cannot be filed within a period of
six months. Therefore, all the three reasons which have been given
by respondent while rejecting application for compassionate
appointment is contrary to the facts and records.
If
submissions made by learned advocate Mr. Supehia is right, then let
petitioner may make further detailed representation against aforesaid
order dated 1st April,2010 annexing all the documents
which are relevant and referred by learned advocate Mr. Supehia to
respondent i.e. date of birth certificate of petitioner, death
certificate of father of petitioner, certificate of S.S.C. pass
examination along with representation. Let this representation is to
be made by petitioner within a period of one month from the date of
receiving copy of present order and when respondent no.1 receive such
representation from petitioner, it is directed to respondent no.1 to
reexamine and reconsider the case of petitioner as well as decision
dated 1st April,2010 and then to pass appropriate reasoned
order after considering all the documents which are annexed to
representation within a period of three months from the date of
receiving such representation from petitioner and communicate
decision immediately to petitioner.
In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
(H.K.RATHOD,J.)
Vahid
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