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SCA/6173/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6173 of 2007
=========================================================
VIPUL
DULERAI RAVAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MANOJ S JOSHI for
Petitioner(s) : 1,
MR. APURVA DAVE AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/03/2007
ORAL
ORDER
Heard
the learned advocate Mr. MS Joshi on behalf of the petitioner,
learned AGP Mr. Apurva Dave appearing for respondent.
The
grievance of the present petitioner is that, an application for
compassionate appointment has been rejected by the respondent on
7/5/2004 which is at Annexure A, page 14.
Learned
advocate Mr. Joshi submitted that no answer is given by the
respondent while rejecting the case of the petitioner for
compassionate appointment. Therefore, he submitted that the order
not assigning reason order is also amounts to violation of the
principle of natural justice. Therefore, present petition is filed.
Learned
AGP Mr. Apurva Dave appearing for respondent submitted that
respondent will reconsider the case of the petitioner and pass
appropriate reasoned order within some reasonable time.
In
view of the aforesaid facts and considering the fact of the case, it
is a duty of the respondent authority to pass reasoned order at the
time of considering the application for compassionate appointment
that on which ground application is rejected, otherwise petitioner is
not able to understand the decision given by the respondent
authority.
Therefore,
it is directed to the respondent authority to reconsider the case of
the petitioner for compassionate appointment on the basis of the
policy, which was prevailing at the time of death of the father of
the petitioner and pass appropriate reasoned order in accordance with
law as well as policy within a period of two months from the date of
receiving the copy of this order and communicate the decision
immediately to the petitioner.
In
view of the above observations and directions, present petition is
disposed of without expressing any opinion on merits.
However,
in case if ultimate decision is adverse to the petitioner, it is open
for the petitioner to challenge the same before appropriate forum in
accordance with law.
Direct
service is permitted.
(H.K.RATHOD,
J)
asma
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