(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The appellant State has sought to challenge the order dated 2.9.2011 of learned Single Judge in Special Civil Application No.13014 of 2011 whereby the appellants are directed to reconsider their decision dated 13.1.2006 and decide the application of the petitioner on the basis of the policy prevailing at the relevant time for the purpose of compassionate appointment.
2. Learned AGP appearing for the appellants fairly conceded that the issue sought to be raised in the appeal is squarely covered by the previous judgment of the Division Bench of this Court which judgment is confirmed by the Honourable Supreme Court. Therefore, relying upon the recent decision of the Division Bench of this Court in Letters Patent Appeal No.22 of 2010 dated 11.5.2010 which has been confirmed by the Honourable Supreme Court in Special Leave to Appeal (C) No.31057 of 2010 by order dated 19.10.2010, the appeal is dismissed with direction that now the appellants shall consider the case of the respondent as early as practicable and preferably within a period of two months on the basis of the scheme for compassionate appointment prevailing and applicable at the time of receiving the application of the respondent.
3. In view of the above, Civil Application does not survive and disposed of accordingly.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top