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LPA/2102/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2102 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5012 of 2009
=========================================================
SAEED
ABDULKAYUM GAZI - Appellant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Appellant(s) : 1,
MS ML SHAH AGP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 22/09/2010
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
appellant’s father expired on 10.7.1999. He applied for compassionate
appointment on 20.10.2000, which came to be rejected on 1.2.2001
considering the income criteria. The appellant made a representation.
The case was considered afresh and again rejected on the ground that
the application was made after stipulated time-limit. That order was
passed on 7.10.2003. The petitioner-appellant preferred a Special
Civil Application in the year 2007 wherein he does not seem to have
challenged the order of rejection dated 7.10.2003. Learned advocate
Mr Suthar is not able to tell us as to what was the nature of that
petition and what were the prayers made in the petition made in the
year 2007. Then again the petitioner preferred Special Civil
Application No.5012 of 2009 wherein the challenge was to order dated
7.10.2003 passed by the respondent-authorities rejecting the case of
the petitioner on the ground of delay.
2. The
learned Single Judge dismissed the petition on the ground that the
petition was preferred after a lapse of about six years from the date
of rejection of the application for compassionate appointment, so
also on the ground of delayed action.
3. Heard
learned advocate Mr Suthar for the appellant-petitioner.
4. The
appeal is found devoid of merits and deserves to be dismissed
considering the following factors :-
(1) The
order of rejection of application for compassionate appointment dated
7.10.2003 is challenged for the first time by preferring Special
Civil Application No.5012 of 2009 after a lapse of about six years
with no explanation therefor except that representations were being
made;
(2) The
appellant-petitioner had preferred a petition in the year 2007 in
respect of compassionate appointment only wherein he does not
challenge the order dated 7.10.2003 which is the subject matter of
challenge in the present petition;
(3) The
appellant-petitioner is not able to dispute that he had preferred the
application beyond the time-limit fixed under the scheme.
5. The
appeal, therefore, must fail and stands dismissed.
(A.L.
DAVE, J.)
(BANKIM
N. MEHTA, J.)
zgs/-
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