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SCA/2420/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2420 of 2005
=========================================================
MUKESHBHAI
I GOHIL - Petitioner(s)
Versus
COMMISSIONER,
MID DAY MILK SCHEME & EDUCATION OFFICES & 2 - Respondent(s)
=========================================================
Appearance
:
MR
GM JOSHI for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1 -
2.
NOTICE SERVED for Respondent(s) : 1 - 2.
MR NC SHAH for
Respondent(s) : 3,
MR NV GANDHI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 03/05/2010
ORAL
ORDER
By
way of present petition, the petitioner
has inter alia prayed for quashing and setting aside the
decision/order dated 10th January 2005 passed by the
respondent No.1 at Annexure-H
and the decision/ order dated 26th July 2000 passed by
the respondent No.2 at
Annexure-E and directing the respondent
to give compassionate appointment to the petitioner
as prayed for by the petitioner
at Annexure-A.
It
is pertinent to note that the stand taken by the
respondent-authority in the
affidavit-in-reply filed by Mr.H.R.
Suthar, Deputy Director, Office of the Commissioner of Mid-Day Meal
and School, Gujarat State, Gandhinagar,
especially in paragraph 4, is that there is no vacant post on which
the petitioner
can be appointed on the compassionate ground as a peon.
However,
during the course of hearing today, Mr.Nikunt Raval, learned
Assistant Government Pleader, has submitted that it appears
that there is a vacancy and therefore, it is expected that the case
of the petitioner
would be considered within the stipulated time.
In
view of aforesaid, the respondent-authority
is directed to appoint the petitioner
on compassionate ground on the suitable vacant post as prayed for
within a period of three months from today. It is, however, made
clear that if there is no vacant post, the petitioner
be intimated accordingly.
With
above observations and directions, the present petition stands
disposed of. Rule is made absolute accordingly with no order as to
costs. It is, however, made clear that this Court has not expressed
any opinion on the merits of the petition.
(K.S.
Jhaveri, J)
Aakar
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