When the petition is taken up for hearing, Mr. Kanabar, learned advocate for the petitioner is not present.
1.1 Heard Mr. Munshaw, learned advocate for the respondent.
2. The petitioner has prayed for below mentioned relief in present petition:-
"11.B Your Lordships further be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent no.1 to take a decision forthwith on the petitioner's application dated 04/01/"02 for an appointment on the post of peon on compassionate ground in the light of the facts stated in the petition and further direct the respondent no.1 to consider the case of the petitioner sympathetically in the interest of justice."
2.1 The grievance of the petitioner is that the application made by him for appointment on compassionate ground is awaiting decision by the Competent Authority since January 2012.
3. Mr.
Munshaw, learned advocate for the respondent, has submitted that the respondent Corporation has received several applications and gradually the applications have been considered and appropriate tentative decisions have been taken, however, the Competent Authority, i.e. the Managing Director, has to take final decision which depend on the clarification by the State Government in view of the fact that while the applications were pending, the Government has changed the policy.
4. In view of the fact that the respondent Corporation has framed its own policy, ordinarily, any question of awaiting Government's decision or clarification in view of change in policy by the Government would not arise in case of Corporation which has its own independent and separate policy and other relevant conditions prescribed thereunder. The decision by the Competent Authority shall have to be taken in light of the Corporation's policy.
5. Under the circumstances, the Competent Authority is directed to take necessary and appropriate decision on the application of the petitioner, within period of 8 weeks from today and communicate the said decision to the petitioner.
With the aforesaid observations, clarifications and direction, present petition stands disposed of. Notice is discharged.
(K.M.Thaker, J.) kdc Top