Gujarat High Court Case Information System
Print
LPA/1582/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1582 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5077 of 2010
With
CIVIL
APPLICATION No. 7684 of 2010
In
LETTERS
PATENT APPEAL No. 1582 of 2010
=========================================
PUNIT
HARIBHAI DANGAR
Versus
STATE
OF GUJARAT AND OTHERS
=========================================Appearance
:
MR HASIT H
JOSHI for
the Appellant
MR SHIVANG SHUKLA, ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the appellant.
Admittedly,
the father of the appellant died in 1992. After death, the mother
of the appellant was available to be offered appointment on
compassionate ground, however she did not apply and at that time,
the appellant was minor. Since the appellant was minor, the mother
could have asked for appointment. She having not asked for
appointment, the son, i.e. the appellant herein, after attaining
majority, can not ask for appointment for the simple reason that
compassionate appointment is available only under those circumstances
where family is not in a position to maintain itself. Having
maintained itself for a longer period and appointment when available
was not asked for by the mother of the appellant, the entitlement of
the appellant cannot be seen.
The
learned Single in view of the decision of the Hon’ble Supreme Court,
has declined to grant any relief to the petitioner- appellant and in
our considered opinion, right so.
In
the above view of the matter, the appeal has no force and the same is
dismissed.
In
view of the dismissal of the appeal, no order is required to be
passed on the Civil Application and the same is disposed of
accordingly.
(BHAGWATI
PRASAD, J.)
(H.B.ANTANI,
J.)
omkar
Top