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SCA/4479/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4479 of 2010
=========================================================
SANJAYKUMAR
DHIRUBHAI RAVAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
NK MAJMUDAR for
Petitioner(s) : 1,
MR JK SHAH AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 13/04/2010
ORAL
ORDER
1. By
way of this petition, under Article 226 of the Constitution of India,
the petitioner has prayed to direct the respondent-authorities to
consider his case for appointment on compassionate grounds.
2. The
father of the petitioner was serving in the sub-division, Kheda Road
& Building Department and died in harness on 10.06.1999. On
01.12.1999, the petitioner made an application on compassionate
grounds. However, vide communication dated 02.08.2005 the petitioner
was informed that his case could not be considered as he did not
fulfill the requisite qualification as per the prevailing policy.
Being aggrieved by the same, the petitioner has approached this Court
by way of this petition.
3. Heard
learned counsel for the respective parties and perused the documents
on record. The impugned order under challenge is of the year 2005 and
it is sought to be challenged after about five years. Considering the
facts of the case, it would be beneficial to refer to a decision of
the Apex Court in the case of Shiv Dass v. Union of India &
Ors. reported in AIR 2007 SC 1330, wherein it has been held that
the cause of action continues from month to month and that if the
petition is filed beyond reasonable period, the Court would reject
the same or restrict the relief. Keeping in mind the principle laid
down in the aforesaid decision and the facts of the case, I am of the
opinion that the petition deserves to be rejected on the ground of
delay itself.
4. Consequently,
the petition is summarily dismissed. No order as to costs.
[K.S.
JHAVERI, J.]
/phalguni/
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