C/LPA/1216/2022 ORDER DATED: 13/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1216 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 7248 of 2018
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RAJENDRABHAI JIVRAMBHAI MINA
Versus
STATE OF GUJARAT
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Appearance:
MR KRUNAL D PANDYA(3283) for the Appellant(s) No.
for the Respondent(s) No. 2
MS SHRUTI DHRUV, AGP for the Respondent(s) No. 1
MR HARSH PAREKH, ADVOCATE for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 13/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) While this Letters Patent Appeal is directed against judgment and order of learned Single Judge dated 09 th June, 2022, whereby relief to grant appointment on compassionate basis to the petitioner is denied confirming the decision of the competent authority, in course of hearing and also as could be noticed from the order of learned Single Judge, the petitioner was taken in service by the respondent school soon after the death of his father in the year 2005. The petitioner was taken as ad hoc Attendant pursuant to the death of his father who was serving in the very school.
2. In course of the hearing, learned advocate Mr.Harsh Parekh for the school stated that services of the Page 1 of 2 Downloaded on : Wed Feb 15 20:49:27 IST 2023 C/LPA/1216/2022 ORDER DATED: 13/02/2023 petitioner is continued till date and there is no move, much less inclination on part of the school to dispense with the service.
3. At this stage, learned advocate Mr.Krunal Pandya submitted that services of the petitioner deserves to be regularised since the petitioner is in service as ad hoc since 2005. In this regard, it can only be observed that if such application is made by the petitioner to the competent authority of the State Government, the same shall be considered in proper light more particularly having regard to the fact that petitioner is in service since 2005 in this school. The present order of learned Single Judge shall not in any way come in way for the petitioner to make such application, as also for the State Government to pass appropriate orders.
4. Any of the observations of learned Single Judge shall not prejudice the case of the petitioner seeking regularisation before the State Government.
5. This Letters Patent Appeal is disposed of accordingly. Notice is discharged.
(N.V.ANJARIA, J) (NIRAL R. MEHTA,J) ANUP Page 2 of 2 Downloaded on : Wed Feb 15 20:49:27 IST 2023