STATE OF GUJARAT Vs. TUSHARKUMAR KHIMJI VAGHANI

JUDGEMENT

(1.) THE appellant has filed the present appeal challenging the judgement and order dated 05.02.2003 passed by the learned Single Judge in Special Civil Application No. 5424 of 2002 whereby the petition seeking compassionate appointment was allowed.

(2.) MR. N.J. Shah, learned AGP appearing for the appellant State has drawn the attention of this Court to the order passed in Special Civil Application No. 10021 of 2001 on the basis of which the Special Civil Application No. 5424 of 2002 was allowed. He has submitted that Special Civil Application No. 10021 of 2001 was challenged by way of appeal and the same was allowed. Therefore, the present appeal also deserves to be allowed as the impugned order is bad in law.

(3.) IN view of the above, when the order in Special Civil Application No. 10021 of 2001 is set aside, the order passed in Special Civil Application No. 5424 of 2002, which was passed on the basis of the order passed in Special Civil Application No. 10021 of 2001, shall not survive and is accordingly required to be set aside.