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SCA/8086/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8086 of 2011
=========================================================
PATHAN
FEHMIDABANU IQBALKHAN - Petitioner(s)
Versus
MUNICIPAL
COMMISSIONER - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/07/2011
ORAL
ORDER
Heard
learned advocate Mr. Prabhakar Upadhyay appearing on behalf of
petitioner.
In
present petition, petitioner has challenged order passed by
respondent corporation dated 4/12/2010 where request made by
petitioner has been rejected against which a detailed representation
has been made by petitioner on 28/1/2011 which remained unanswered
and no response is given by respondent corporation. Therefore,
learned advocate Mr. Prabhakar Upadhyay submitted that on basis of
corporation resolution No.1110 dated 27/9/1982 whatever policy has
been decided according to that concern employee who died is entitled
a benefit of permanency that aspect has been over looked by
respondent. Therefore, let that representation is to be considered
by respondent corporation while keeping in mind policy dated
27/9/1982 as per corporation resolution no. 1110 and also another
administrative resolution no. 784 dated 8/2/1994 and resolution no.
984 dated 15/10/1994 and thereafter examine question whether deceased
employee was deemed to be confirmed because of aforesaid policy which
has been decided by corporation and if that be so then examine
whether petitioner is entitled to claim compassionate appointment or
not. Let this aspect may be examined by corporation throughly with
sympathetic approach and then pass appropriate reasoned order in
accordance with law and policy within a period of three months from
date of receipt of copy of present and communicate decision to
petitioner immediately.
In
view of above, present petition is disposed of by this Court without
expressing any opinion on merits. However, it is made clear that in
case if ultimate decision is adverse to petitioner, it is open for
petitioner to challenge same before appropriate forum in accordance
with law.
(H.K.RATHOD,
J.)
(ila)
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