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SCA/2682/1995 1/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2682 of 1995
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=============================================================
DHIRESH
N ZINJUWADIA - Petitioner(s)
Versus
GPSC
& 1 - Respondent(s)
=========================================================
Appearance
:
MR
YN OZA for
Petitioner(s) : 1,
MS KRINA CALLA, LD.ASST.GOVERNMENT PLEADER for
Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 30/03/2010
ORAL
JUDGMENT
By
way of present petition, the petitioner
has inter alia prayed for directing the respondents herein to fill
in the general category post of Deputy Industries Commissioner,
Class-I, which is lying vacant by operating the select list and/or
directing the respondents to fill in the said post by appointing the
petitioner
on the post which is lying vacant.
When
this matter came up for admission hearing, this Court (Coram : M.S.
Parikh, J) on 03rd May 1995 while admitting the petition
inter alia passed the following order :
..
.. ..Under the said circumstances it is hereby directed that the
respondent No.2 shall ascertain from the person who is not resuming
though appointed, whether he wants to resume or not and after
ascertaining such facts if it appears that that person does not want
the said post and does not want to resume, necessary procedure be
followed for appointing the present petitioner
who is only one wait listed. Till then, the select list including the
wait list shall stand continued.
In
view of aforesaid, I am of the opinion that the respondents ought to
have complied with the said interim order. If the said interim order
is not complied with, it would be open to the petitioner
to revive the present petition in case of difficulty. The present
petition stands disposed of accordingly. Rule is discharged with no
order as to costs.
(K.S.
Jhaveri, J)
Aakar
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