VIPULKUMAR KISHORCHANDRA BHANANI Vs. JAMJODHPUR MUNICIPAL BOROUGH

JUDGEMENT

(1.) THE present petition is preferred by the petitioner for various reliefs, inter alia, for directing the Municipality to grant compassionate appointment to the petitioner on account of the death of the father of the petitioner on regular basis and it is also prayed that if the post is not available, supernumerary post be created and appointment may be offered to the petitioner.

(2.) I have heard Mr.Pathak, learned Counsel for the petitioner, Mr.Mishra, learned Counsel for respondent No.1 and Ms.Moxa Thakkar, learned AGP for respondents No.2 and 3.

(3.) THE attempt was made by Mr.Pathak to contend that after the application was made by the petitioner, the Municipality has appointed certain persons on regular basis and, therefore, if such an action is taken by the Municipality, the right of the petitioner cannot be treated as expired, nor the Municipality can be permitted to take undue benefits of such situation. He wanted to rely upon certain averments and details given in the petition for the employment offered to various persons and, therefore, he submitted that such persons, even if not disturbed, the appointment can be offered by the Municipality by creating a supernumerary post or this Court may direct for creation of supernumerary post for ordering compassionate appointment to be implemented.