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LPA/1080/2003 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1080 of 2003
In
SPECIAL
CIVIL APPLICATION No. 6751 of 2002
=========================================================
GENERAL
MANAGER - Appellant(s)
Versus
JAYESH
J PUWAR - Respondent(s)
=========================================================
Appearance
:
MR
KETAN A DAVE for
Appellant(s) : 1,
MR AM RAVAL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 11/11/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This
Letters Patent Appeal has been filed, challenging the judgement and
order dated 5th March, 2003, passed by the learned Single
Judge in Special Civil Application No. 6751 of 2002, whereby the
learned Single Judge has directed the present appellants to consider
the case of the present respondent for appointment on compassionate
ground by excluding the income of the family of the deceased by
terminal benefits and they are directed to consider the case in
accordance with law within a period of three months from the date of
receipt of writ of this Court.
2. We
have heard learned advocate for the appellants and perused the record
as well as the order of the learned Single Judge. We are of the
opinion that the view taken by the learned Single Judge is just and
proper. Even otherwise, the impugned judgement and order passed in
the year 2003 and after 8 years it will not be appropriate to set
aside the judgement and order of the learned Single Judge.
3. In
that view of the matter, we are in complete agreement with the view
taken by the learned Single Judge. This Appeal is devoid of any
merits and is accordingly dismissed.
4. It
is clarified that this order will not be treated as precedent. The
three months time granted by the learned Single Judge to the present
appellants to consider the case of the present respondent would
commence from today.
(V.M.
SAHAI,J.)
(K.S.JHAVERI,J.)
Divya//
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