BHIKHIBEN KHATARABHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Dave, learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondent No. 1 and Mr. H. S. Munshaw, learned advocate waives the service of notice of rule on behalf of the respondent No. 3.

(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken up for final hearing today.

(3.) BY way of this petition under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order directing the respondent authorities to appoint the petitioner on appropriate post permanently till he attains the age of superannuation on the ground of compassionate appointment with the respondent authority as early as possible with utmost priority in the interest of justice. It is also further prayed to quash and set aside the impugned order dtd. 22/9/2008 holding and declaring it as ex-facie illegal, bad, ultra vires, unconstitutional and contrary to the policy of the respondents.