LAWS(GJH)-2007-8-52

VIKRAM KANTILAL PAREKH Vs. STATE OF GUJARAT

Decided On August 01, 2007
VIKRAM KANTILAL PAREKH Appellant
V/S
STATE OF GUJARAT THRO THE SECRETARY Respondents

JUDGEMENT

(1.) HEARD learned advocate Mr. A. H. Desai appearing on behalf of petitioner and learned AGP Mr. Pandya appearing on behalf of respondent " State Authority.

(2.) IN pursuance of the direction issued by this Court in Special Civil Application No. 3737 of 2007 by order dated 9th February 2007, the respondent State Authority has considered the representation of the petitioner and passed an order on 17th May 2007. The respondent State Authority has rejected the representation of the petitioner though it was considered sympathetically by the respondent " State Authority.

(3.) LEARNED advocate Mr. Desai relied upon the decision of Civil Court, wherein, Civil Court had directed the respondents to give suitable appointment to the plaintiff on compassionate ground within a period of two months from the date of receipt of the order and also directed to communicate the decision arrived at by the authority to the present plaintiff without any delay. Ultimately, First Appeal and thereafter, Second Appeal No. 106 of 2005 were filed by State Authority, where, this Court has examined the matter on 28th March 2006. The relevant observation made in Para 14 that judgment of the trial Court as well as appellate Court granting direction for appointment is to be quashed and set aside and this Court has directed to the appellant " State Authority to consider the case of plaintiff about the compassionate appointment as per the provisions of Rules and Regulations sympathetically.