Gujarat High Court
Dhrutaben N Patel & vs State Of Gujarat & on 6 December, 2016
Author: S.G. Shah
Bench: S.G. Shah
C/SCA/1082/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1082 of 2010
=============================================
DHRUTABEN N PATEL & 1....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
=============================================
Appearance:
MR. BK. RAJ, ADVOCATE for the Petitioner(s) No. 1 2
DS AFF.NOT FILED (R) for the Respondent(s) No. 1
MS AMITA SHAH, AGP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
=============================================
CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 06/12/2016
ORAL ORDER
[1] It seems that respondents have taken a different stand before this Court while defending this petition. Inasmuch as, though, in impugned order, it is stated that application of the petitioner is not considered because of her income, now, in affidavit in reply, it has been stated that petitioner has remained silent for nine years though some information was sought for on 1.1.1993, contending that, thereafter, it was responded only on 6.9.2002. Respondent has failed to realize that in the year 1993, present petitioner was minor and, therefore, she could Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Dec 07 02:11:53 IST 2016 C/SCA/1082/2010 ORDER not apply for compassionate appointment but, she has applied only in the year 2001. On such count, it is submitted that even then the petition is at belated stage because the person died in the year 1991.
[2] Therefore, it would be appropriate for the respondent to first of all disclose on oath about their policy supported by concerned Government Resolution regarding granting compassionate appointment to the minors of the deceased Government employee, at the relevant time i.e. in the year 1991, so also in the year 2001. Respondents are also directed to produce on record the communication referred by them in paragraph 4 of their affidavit in reply.
Stand over to 22.12.2016.
(S.G. SHAH, J.) * Vatsal Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Dec 07 02:11:53 IST 2016