Gujarat High Court
Pushpaben D/O Bhikhabhai Ganpatbhai ... vs State Of Gujarat on 18 January, 2024
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/21443/2023 ORDER DATED: 18/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21443 of 2023
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PUSHPABEN D/O BHIKHABHAI GANPATBHAI LIMBACHIYA
Versus
STATE OF GUJARAT
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Appearance:
MR A A ZABUAWALA(6823) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3,4
MR SAHIL TRIVEDI, ASST.GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 18/01/2024
ORAL ORDER
1. Heard learned advocate Mr.A.N.Pathan for learned
advocate Mr.A.A.Zabuawala on behalf of the petitioners and
learned Assistant Government Pleader Mr.Sahil Trivedi on
behalf of the respondent - State.
2. By way of this petition, the petitioner has sought for the
grant of compassionate appointment more particularly on the
basis of the father of the petitioner who was working as a
primary teacher having expired in harness on 15.06.1996.
3. Considering the averments made in the petition, it would
appear that the petitioner after the demise of her late father,
NEUTRAL CITATION
C/SCA/21443/2023 ORDER DATED: 18/01/2024
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after 14 years, had approached the learned Principal Senior
Civil Judge, Limkheda by preferring Special Civil Suit
No.03/2018 inter alia praying for a direction against the
respondents for appointing the petitioner on compassionate
basis. The said civil suit had been dismissed by the learned
Civil Court vide an order dated 08.12.2020. It would appear
that the petitioner being aggrieved by the above decision, had
approached the learned District and Sessions Court, Dahod by
preferring Regular Civil Appeal No.01/2021 challenging the
above order and whereas, vide judgment and order dated
10.03.2023 the learned 4th Additional District and Sessions
Judge, Dahod had been pleased to reject the said appeal.
3.1. The petitioner having approached the learned Civil
Court and consequently having preferred an appeal against
the order of the learned Civil Court, has now without
challenging the said orders before the competent court, has
approached this Court by way of the present writ petition
seeking for grant of compassionate appointment.
4. In the considered opinion of this Court, when the
competent Civil Court and the learned Appellate Court have
taken a decision rejecting the claim of the petitioner, without
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C/SCA/21443/2023 ORDER DATED: 18/01/2024
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the said orders being set aside, the present petition would not
be maintainable. The petitioner may have appropriate remedy
to challenge the said decisions and whereas, in light of the
fact that the said decision would operate as res judicata
between the parties, in the considered opinion of this Court,
the present writ petition would not be entertainable.
5. Having regard to the above, the present writ petition
stands disposed of as rejected. Consequently, Civil
Application, if any, will also stand disposed of.
(NIKHIL S. KARIEL,J)
Bhoomi
