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Asodiya vs State

High Court Of Gujarat|12 June, 2012

JUDGMENT / ORDER

1. This petition has been preferred against the inaction of the respondent-authorities in deciding the application dated 13.08.2007 preferred by the petitioner seeking appointment on compassionate grounds.
2. The facts in brief are that the father of the petitioner died on 23.06.2007 while in service of the respondents. He, therefore, preferred application dated 13.08.2007 before the respondent-authority requesting to grant him appointment on compassionate grounds. However, it is stated that the said application has not been decided by the authority concerned till today. Being aggrieved by the same, the present petition has been preferred.
3. Heard learned counsel for the petitioner. The application seeking compassionate appointment was preferred by the petitioner in August 2007. When the authority concerned had failed to decide the application within a reasonable period, the petitioner ought to have approached this Court. In the present case, the petitioner has approached the Court after a period of almost five years. In the case of Shiv Dass v. Union of India & Ors., AIR 2007 SC 1330, the Apex Court has held that if petition is filed beyond a reasonable period, say three years, normally, the Court would reject the same or restrict the relief.
4. Considering the facts of the case and the principle rendered in the above decision, I do not find any merits in this petition. Hence, the petition, being devoid of merits, is rejected summarily.
[K.
S. JHAVERI, J.] Pravin/* Top
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Title

Asodiya vs State

Court

High Court Of Gujarat

JudgmentDate
12 June, 2012