Shaikh Mohammed Taufik Mohammed ... vs State Of Gujarat
2022 Latest Caselaw 5900 Guj

     C/SCA/1022/2019                              JUDGMENT DATED: 04/07/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 1022 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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               SHAIKH MOHAMMED TAUFIK MOHAMMED SHAFI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR SAMIR AFZAL KHAN(3733) for the Petitioner(s) No. 1
MR.UTKARSH SHARMA, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 04/07/2022

                            ORAL JUDGMENT

1. RULE returnable forthwith. Mr.Utkarsh Sharma

learned AGP waives service of notice of Rule on

behalf of the respondent State and Mr.H.S.Munshaw

C/SCA/1022/2019 JUDGMENT DATED: 04/07/2022

learned advocate waives service of notice of Rule on

behalf of the respondent .

2. With the consent of learned advocates for the

respective parties, the petition is taken up for final

hearing.

3. By way of this petition under Article 226 of the

Constitution of India, the prayer of the petitioner is

that his representation pending with the authorities

made in the year 2015 (10.11.2015) be decided.

4. The facts in brief would indicate that the petitioner's

father died in harness on 21.07.2005. The petitioner

applied for appointment on compassionate grounds

on 03.10.2005.

5. In the year 2008, a communication was sent by the

State to the District Development Officer, Surat,

indicating that the case of the petitioner for

appointment on compassionate ground does not

deserve to be considered as the petitioner was

receiving sufficient terminal benefits on account of

his father's death.

C/SCA/1022/2019 JUDGMENT DATED: 04/07/2022

6. That communication is assailed in the present

petition. But for the pendency of the same

representation made by the petitioner in the year

2015, I would have agreed with the submission of

the learned AGP that since the death of the father of

the petitioner has accrued in the year 2005 and

more than sufficient time has lapsed, no fruitful

purpose will be served in continuing this petition.

7. However, the respondents shall take a decision in

accordance with law on the representations if any

pending before the authorities.

8. With the aforesaid observations, the petition is

dismissed. Rule is discharged.

(BIREN VAISHNAV, J) ANKIT SHAH