1. Heard learned advocate Mr. Vora for the petitioner.
2. In present petition, the petitioner has prayed for below mentioned relief/direction:
"10(A) The Honourable Court may kindly be pleased to direct the respondents to grant application dated 3.2.2004 by giving the appointment to the petitioner on compassionate ground with the respondent No.2 and further consider the order passed by this Honourable Court dated 08.07.2009 forthwith."
3. Learned advocate for the petitioner has vehemently urged that the respondent authorities have disregarded the order dated 08/07/2009 passed by this Court in Special Civil Application No.4783 of 2009. He submitted that after the said order was passed, the petitioner had approached the respondent competent authority for reconsideration of the representation in consonance with the said order passed by the Court. However, the respondent authority has not taken any action.
4. It is pertinent to note that after hearing learned advocate for the petitioner and learned AGP as well as learned advocate for respondent no.2, the Court had passed an order dated 08/07/2009 in Special Civil Application No.4783 of 2009. In the said order, the Court, in para nos.7 to 9, inter alia, observed and directed that:
"7. Identical question came to be considered by this Court in Special Civil Application No. 38/2008 and Special Civil Application No. 16826/2007 and this Court in aforesaid Special Civil Applications quashed and set aside the decision of the State Government rejecting the application for appointment on compassionate ground considering the income limit and directed the concerned respondents to reconsider the decision.
8. Even otherwise, on perusal of the record and considering the Government Resolution dated 10/03/2000 whereby all kinds of income limit came to be removed and since the petitioner's application is rejected only on the aforesaid ground i.e. on the income limit, the impugned communication deserves to be quashed and set aside and concerned respondents are to be directed to reconsider the case of the petitioner for appointment on compassionate ground.
9. For the reasons stated above, the present Special Civil Application succeeds. The impugned order dated March, 2009 rejecting the application of the petitioner for appointment on compassionate ground is quashed and set aside and concerned respondents are directed to reconsider the case of the petitioner for appointment on compassionate ground considering the Government Resolution/Policy prevailing at the time petitioner submitted the application and pass appropriate order within two months from the date of receipt of this order. Rule is made absolute accordingly to the aforesaid extent."
5. Despite the said direction to pass order within two months after reconsidering the petitioner's application, any order has not been passed by the competent authority though almost three years have passed since the said direction.
6. Therefore, present petition is disposed of with below mentioned direction:
6.1. The respondent authority is directed to take appropriate decision and pass necessary order within fifteen days from receipt of certified copy of present order. The petitioner is permitted to serve copy of present order to respondent competent authority. If the order is not passed within above mentioned time limit, then respondent competent authority shall be held personally responsible for the delay and also for flouting and disobeying the Court's order dated 08/07/2009 and in addition to any other action which may be considered appropriate in accordance with law, the said respondent competent authority may also be directed to pay exemplary cost. Direct service is permitted.
(K.M.THAKER, J.) (ila) Top