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Makvana vs State

High Court Of Gujarat|12 March, 2012

JUDGMENT / ORDER

1. Heard Mr. Barot, learned advocate for the petitioner and Mr. Shah, learned AGP for the State of Gujarat.
2. The petitioner has taken out present petition seeking below mentioned relief/s:-
"9(a)....
(b) Be pleased to issue a writ of mandamus or any other appropriate writ, order or directions and be pleased to direct the respondents to accept the application of the petitioner for appointment on the ground of compassionate appointment as per the policy of the respondents authorities and after considering the qualifications and other aspects of the application the respondents may be directed to give the appointment to the petitioner in the interest of justice.
(c)...."
3. It is not in dispute that on earlier occasion when the petitioner made application for compassionate appointment after death of her father, application was not entertained because she was not major at the relevant time. It is also not in dispute that the petitioner's family is receiving family pension. It is also not in dispute that the application which the petitioner made subsequently i.e. after, she became major, was made after expiry of time limit prescribed under the prevailing scheme.
4. Mr. Shah, learned AGP mentioned the aforesaid and various and other reasons in view of which the petition, according to the respondent cannot be granted.
5. However, limited grievance of present petitioner in this petition is that the application is not accepted in the first instance and any reason for not granting the request for compassionate appointment has not been intimated to the petitioner. The learned Counsel for petitioner submitted that all that the petitioner requests is that the application may be accepted and decided
6. What is required to be done by the respondent authority is to receive the application and take appropriate decision with regard to the application and communicate the same to the petitioner. Therefore, the competent authority may receive the application and after examining the application take decision thereon and communicate the decision - reasons for the said decision.
With the aforesaid clarification the petition is disposed of.
(K.M.THAKER,J.) Suresh* Top
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Title

Makvana vs State

Court

High Court Of Gujarat

JudgmentDate
12 March, 2012