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SCA/1118/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1118 of 2011
=====================================
BHAT
SHANKERLAL KISHANLAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=====================================
Appearance
:
MR MAHESH BHAVSAR for
Petitioner(s) : 1,
MR AL SHARMA, AGP for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 1 -
3.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/07/2011
ORAL
ORDER
1.0 Heard,
learned advocate Mr. Mahesh Bhavsar, appearing on behalf of
petitioner and learned Assistant Government Pleader Mr. Sharma,
appearing on behalf of respondent nos. 1,2 and 3.
2.0 The
petitioner, by this petition, has prayed in Para 7(a) and 7(b) that,
‘to direct respondents to give compassionate appointment’ and that,
‘to direct respondents to consider the case of the petitioner for
compassionate appointment’.
3.0 On
perusal of record it is found that, the petitioner had made an
application dated 6th October 2006 for getting
compassionate appointment on the ground that father of the petitioner
expired on 16th March 2006, however, the respondents –
authorities did not answer the same. Therefore, the petitioner had
asked for some details under the provisions of the Right to
Information Act, which was supplied to the petitioner on 27th
November 2008, Annexure ‘F’, page 16 to the petition, by the Public
Information Officer. Thereafter, the matter has remained as it is.
4.0 In
light of the aforesaid background, let the petitioner file a detailed
Representation before the respondents – authorities claiming
compassionate appointment on the basis of policy, which was
prevailing at the relevant time, when father of petitioner had died,
within a period of one month from the date of receiving copy of this
order.
4.1 As
and when, the respondents receive such Representation from the
petitioner, they are directed to consider the same on the basis of
Policy prevailing at the relevant time, when the father of petitioner
had died, decide the same and pass appropriate reasoned order within
a period of three months from the date of receiving Representation
from the petitioner and communicate the decision on the same
immediately to the petitioner.
4.2 In
view of above observations and directions, the petition is disposed
of without expressing any opinion on merits. Direct service
is permitted.
[
H. K. Rathod, J. ]
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