Minaxiben Rameshbhai Purohit Wd/O ... vs Mona Khandhar, Principal Secretary
2024 Latest Caselaw 8631 Guj

Gujarat High Court

Minaxiben Rameshbhai Purohit Wd/O ... vs Mona Khandhar, Principal Secretary on 11 September, 2024

Author: A.Y. Kogje

Bench: A.Y. Kogje, Samir J. Dave

                                                                                                        NEUTRAL CITATION




                               C/MCA/1956/2024                            ORDER DATED: 11/09/2024

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1956 of 2024

                                         In R/LETTERS PATENT APPEAL NO. 585 of 2021

                        ==========================================================
                          MINAXIBEN RAMESHBHAI PUROHIT WD/O RAMESHBHAI B. PUROHIT
                                                   Versus
                                 MONA KHANDHAR, PRINCIPAL SECRETARY & ORS.
                        ==========================================================
                        Appearance:
                        MR. ANANTANAND J SINGH(10046) for the Applicant(s) No. 1
                        ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                                 and
                                 HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                                      Date : 11/09/2024

                                                       ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The court is conscious of the fact that the petitioner has attained the age of superannuation, and therefore, the directions of the learned Single Judge in Para 11 of judgment dated 24.08.2018 in Special Civil Application No. 14823 of 2011 ordering the State Government to offer appointment for the next available vacancy with the Government cannot be complied with. The order of learned Single Judge was confirmed by the Division Bench of this Court in Letters Patent Appeal No. 585 of 2021 filed by the District Development Officer. The order of learned Single Judge was confirmed vide order dated 31.08.2023, and therefore, the State was expected

NEUTRAL CITATION

C/MCA/1956/2024 ORDER DATED: 11/09/2024

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to comply with such order forthwith. Despite attempts being made, the compliance was not made hence, the petitioner has approached this court. It is indicated that the petitioner has attained the age of superannuation somewhere in the month of June 2024.

2. At this stage, learned advocate has drawn attention of this court to an order dated 19.09.2022 passed by the Division Bench in Letters Patent Appeal No. 585 of 2021 wherein directions were given to consider the case of the petitioner for lump sum compensation in lieu of the compassionate appointment.

3. As observed by the Division Bench, the representation made in this connection of the petitioner was also turned down. Therefore, it appears that on one hand the respondents have not complied with the directions of this Court to offer the petitioner an appointment and on the other hand as permitted time to lapse till the stage where the petitioner has attained the age of superannuation.

4. In view of the aforesaid fact, the court observes that the State may reconsider the case of the petitioner for the purpose of compensation though at an earlier stage, the same has been turned down. The court, therefore, deems it fit to direct the petitioner to make a representation again for lump sum

NEUTRAL CITATION

C/MCA/1956/2024 ORDER DATED: 11/09/2024

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compensation in lieu of the compassionate appointment and the respondent no.1 to consider the same. The representation so directed be made within a period of two weeks from today and the respondent no.1 shall consider such representation and grant an opportunity of hearing to the petitioner and communicate the outcome to the petitioner within a period of four weeks thereof.

5. With the aforesaid directions, present petition stands disposed of.

(A.Y. KOGJE, J)

(SAMIR J. DAVE,J) K. S. DARJI