SCA/4826/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4826 of 2008 ========================================================= SUJALKUMAR T. MAKWANA - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR PINAKIN M RAVAL for Petitioner(s) : 1, MR VIPUL MISTRY, AGP for Respondent(s) : 1, None for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 23/06/2008 ORAL ORDER
Heard
Shri Pinakin M. Raval, learned advocate for the petitioner.
2. The
grievance raised in this petition is about considering the case of
the petitioner for appointment on compassionate ground by keeping in
mind the decision of ABHISHEK KUMAR VS. STATE OF HARYANA AND
OTHERS reported in 2006 (13) SCALE Page 658 and another
decision in case of STATE BANK OF INDIA AND OTHERS VS. JASPAL KAUR
reported in JUDGMENT TODAY 2007 (3) SC Page 35 as directed in
the oral order dated 8th May, 2007 in Special Civil
Application No.12332 of 2007 and in spite of this, the Deputy/Under
Secretary, Health and Family Welfare Department, State of Gujarat has
not considered the above aspect in the impugned order dated 5th
September, 2007 and adhered to the Government Resolution dated 15th
June, 2004 issued by the General Administration Department.
2.1 According
to learned advocate for the petitioner, the impugned decision is,
therefore, in clear violation of the above two decisions of the Apex
Court and the directions contained in the order dated 8th
May, 2007 in Special Civil Application No.12332 of 2007.
3. The
concerned Deputy/Under Secretary of Department of Health and Family
Welfare, State of Gujarat is directed to remain personally present
before this court on 08th July, 2008 and to explain as to
what weighed with him while taking the impugned decision contrary to
the two decisions of the Apex Court as referred hereinabove and
reproduced in the oral order dated 08th May, 2007 in
Special Civil Application No. 12332 of 2007.
Direct
Service permitted. Copy of this order be given to learned AGP for
quick compliance.
(
Anant S. Dave, J. )
hki