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SCA/3625/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3625 of 2011
=========================================================
V
M RABARI - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MS
BHARGAVI G THAKAR for
Petitioner(s) : 1,
MR. MAULIK NANAVATI, ASST. GOVERNMENT PLEADER
for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 1 -
3.
NOTICE SERVED BY DS for Respondent(s) : 3,
MR PINAKIN M
RAVAL for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/07/2011
ORAL
ORDER
Heard
learned advocate Ms. Bhargavi G. Thakkar, appearing on behalf of
petitioner, learned AGP, Mr. Maulik Nanavati, appearing on behalf of
respondent no.1 and 2 and learned advocate Mr. Pinakin Raval,
appearing on behalf of respondent no.3.
The
grievance of the present petitioner is that State Government by
order dated 11.3.2010 has not sanctioned actual expenses which has
been incurred by petitioner being medical reimbursement. Therefore,
that order dated 11.3.2010 is challenged in present petition.
Against that no representation has been made by petitioner and
straightway this petition is filed. Therefore, let petitioner may
make detailed representation to respondent nos.1 and 2 within a
period of one month from the date of receiving copy of present order.
As and when respondent nos.1 and 2 receive such representation from
petitioner, it is directed to both respondents to reconsider earlier
decision dated 11th March,2010 and reexamine the case of
petitioner with sympathetic approach and also to consider that
circumstances which has been pointed out by petitioner, can be
considered to be a special case or not as per resolution and,
thereafter, to pass appropriate reasoned order, considering medical
treatment and disease and particular facts within a period of three
months from the date of receiving such representation from petitioner
and communicate decision immediately to petitioner.
In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
However, in case, if ultimate decision is adverse to petitioner, then
it is open for petitioner to challenge the same before appropriate
Forum in accordance with law. Direct service is permitted.
(H.K.RATHOD,J.)
Vahid
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