LAWS(GJH)-2011-4-10

STATE OF GUJARAT Vs. MANOJ JYOTINDRAKUMAR RAVAL

Decided On April 27, 2011
STATE OF GUJARAT Appellant
V/S
MANOJ JYOTINDRAKUMAR RAVAL Respondents

JUDGEMENT

(1.) WE have heard learned Assistant Government Pleader Mr. N.J.Shah for the appellants. This Letters Patent Appeal has been filed challenging the judgment dated 11th November, 2009 passed in Special Civil Application no. 16720 of 2007 connected with Special Civil Application Nos. 21717 of 2007 and 12587 of 2007. The respondent was claiming appointment on compassionate ground. Compassionate appointment has been denied on the ground that pension is being paid and retiral benefits have been received by the family. Therefore, it appears that on the financial condition of the family, the application has been rejected by the concerned authority. The order of the authority dated 4th July, 2007 was challenged before the learned Single Judge and the learned Single Judge was of the opinion that the authority has not applied its mind to the facts of the case and has directed the concerned authority to consider the matter again within a period of three months in light of the observations made in the judgment, within a period of three months from the date of copy of the order is communicated to the authority by the respondent.

(2.) IT appears that the authority has not yet taken any decision as this Letters Patent Appeal was filed. Since the matter is to be reconsidered by the concerned authority, we are not inclined to interfere with the matter. However, time allowed by the judgment dated 11th November, 2009 is extended and the period of three months shall commence from today. Learned Assistant Government Pleader is directed to inform about the order passed by this Court to the concerned authority. Subject to the observations made above, this Appeal is dismissed summarily. As the Appeal is dismissed, Civil Application does not survive.