HANDUJI HIRAJI THAKORE Vs. BAKULKUMAR SHANTILAL PARMAR

JUDGEMENT

(1.) THIS Appeal has been filed by the original petitioner challenging the judgment of the learned Single Judge dated 28th October 2004 in Special Civil Application No. 8673 of 1990.

(2.) THE appeal was argued by the appellant in-person. He submitted that he was wrongly declared "Surplus" and that the promotional post was erroneously filled-up by granting appointment on compassionate basis to someone else. He drew our attention to the Government Circular dated 4th July 1988 which provides inter alia that while granting the appointment on compassionate basis on promotional post, it should be done only after ensuring that all those persons who are required to be given promotions have been granted and only if thereafter, any post is available, compassionate appointment be made on such post. He further submitted that the appointment of Shri Atulkumar D. Khamar was wholly unjust. THE Education Tribunal has committed an error. This Court also did not interfere. This L.P.A may, therefore, be allowed.

(3.) FROM the perusal of the decision of the learned Single Judge and other documents on record, however, we find that in so far as the appointment of Shri Atulkumar D. Khamar on compassionate basis is concerned, the petitioner had instituted independent proceedings before the Education Tribunal - being Application No. 302 of 1989. Such application was dismissed by the Tribunal vide judgment dated 22nd March 1993. Operative portion of the judgment, when translated, reads thus -