Gujarat High Court Case Information System
Print
LPA/2364/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2364 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13085 of 2009
=========================================================
RAJENDRA
BABULAL RANGERA - Appellant(s)
Versus
DIRECTOR
GENERAL OF POLICE & 1 - Respondent(s)
=========================================================
Appearance
:
MRS
KRISHNA G RAWAL for
Appellant(s) : 1,
MR NJ SHAH AGP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE M.D. SHAH
Date
: 21/10/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
appellant challenges the order passed on 14.12.2009 in Special Civil
Application No.13085 of 2009 dismissing the appellant’s petition on
the ground of application being beyond time-limit set out in the
scheme for compassionate appointment.
2. Learned
advocate Ms Raval for the appellant submitted that the application
was made by the appellant in the year 2000 and subsequently in 2003.
Therefore, it cannot be said that the application was time-barred.
She further submitted that denial of the appointment on compassionate
ground on the basis of policy of 2005 could not have been upheld by
the learned Single Judge and, therefore, this appeal may be
entertained.
3. Learned
AGP Mr Shah has opposed this appeal.
4. It
is now a well settled proposition of law as laid down in State Bank
of India & Anr. vs. Raj Kumar, 2010 CLR 1027 that policy
prevalent on the date of consideration of the application would be
relevant and not the policy that prevailed on the date of
application. In this set of circumstances, even on merits, the
appellant will have no case. The appeal, therefore, must fail and
stands rejected.
(A.L.
DAVE, J.)
(M.D.
SHAH, J.)
zgs/-
Top