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Sujit vs Supdt.Engineer(O

High Court Of Gujarat|02 July, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner is challenging the order dated 22.03.2011 passed by the respondent No.1, the Supdt. Engineer (O & M), Rajkot.
2. The facts of the present case in brief are that the father of the petitioner was serving as Watchman-Class-IV employee with the respondent No.2 Supdt. Engineer (O & M), Dhoraji and during his tenure of service, he died on 28.09.1999. First on the ground of delay, the petition is liable to be dismissed, as the father of the petitioner had died in the year 1999 and the petitioner has approached this Hon'ble Court after a gross delay of almost 11 and a half years and in view of decision of Hon'ble Supreme Court, in case of Local Administration Department and another v. M. Selvanayagam @ Kumaravelu, reported in (2011) 13 SCC 42, the decision taken by the respondent is just and proper.
3. Ld.
Counsel for the petitioner has contended that the the application for compassionate appointment of the mother of the petitioner was not considered by the respondents and the respondents has offered monthly compassionate amount of Rs.500/- and the same was accepted by the mother of the petitioner and she had accepted the same. In my view, if the application of the mother of the petitioner was not considered, and if the petitioner's mother's appointment was not granted on compassionate ground, the petitioner ought to have approached the Hon'ble Court, in the year 2000 itself. This is the second application and therefore, the facts of the case of Shri Rajesh Rameshbhai Sankhat at Annexure:K cannot applied. The petition is devoid of any merits and deserves to be dismissed.
[K S JHAVERI, J] Ankit* Top
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Title

Sujit vs Supdt.Engineer(O

Court

High Court Of Gujarat

JudgmentDate
02 July, 2012