Disposed

Kantaben Dhanabhai Ravat v. State of Gujarat

Gujarat HC9 Dec 2020SCA/14989/2020

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition by directing the competent authority to independently examine and decide a pending application regarding the petitioner's eligibility for an Anganwadi post without adjudicating the merits at this stage.

What did the court decide?

The respondent authority is directed to examine, deal with, and decide the pending application dated 16.10.2020 independently within 4 weeks, assigning reasons and communicating the appropriate decisi

Kantaben Dhanabhai Ravat Vs State of Gujarat — Pension and Retirement Benefits | Gujarat HC (2020)

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C/SCA/14989/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 14989 of 2020

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KANTABEN DHANABHAI RAVAT

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Versus STATE OF GUJARAT

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Appearance:

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MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3,4,5 MR BHART VYAS, AGP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 09/12/2020

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ORAL ORDER

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The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs :

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“A. Admit and allow the present petition.

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B. Issue an appropriate writ, order or direction quashing and setting aside the illegal, illogical, discriminatory and arbitrary action of the concerned respondents- authorities of not giving appointment to the petitioner on the post of Anganwadi for Dungarpur -1, Tal. Limkheda Dist.: Dahod and further be pleased to quash and set aside the action of the respondents - authorities of giving appointment to respondent No.5-Sangada Sitaben Ramanbhai and further be pleased to declare said action as illegal, illogical, discriminatory and arbitrary.

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C Issue an appropriate writ, order or direction directing the respondents - authorities to give appointment to the petitioner on the post of Anganwadi for Dungarpur -1, Tal. Limkheda. Dist: Dahod as the petitioner fulfilled all the conditions as prescribed under the rules and further be pleased to quash and set aside the appointment of respondent No.5-Sangada Sitaben Ramanbhai as Angawadi Worker for Dungarpur-1, Tal. Limkheda, Dist: Dahod since

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C/SCA/14989/2020 ORDER

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she does not fulfill the requisite criteria for being appointed on the said post;

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D. Pending admission, hearing and final disposal of the present writ petition, by way of interim- relief this Hon'ble Court may be pleased to restrain the respondent No.5Sangada Sitaben Ramanbhai as Angawadi Worker for Dungarpur-1, Tal. Limkheda , Dist: Dahod;

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E. Pass such other and other orders as thought fit in the interest of justice.”

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The essential grievance which has been voiced out in the petition is that though the petitioner is eligible to be considered for the post in question, somehow the respondent No.5 has been favoured by the authority and appointed. Against this specific grievance, the petitioner has undisputedly approached the concerned authority which is reflecting on page-45 on 16.10.2020, trying to ventilate the grievance. But, according to learned advocate for the petitioner, so far no decision is taken nor the same has been examined.

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In this view of the matter, since the grievance is pending before the competent authority undisputedly, without entering into merit of the case, with the broad consensus of learned advocate, the matter is disposed of by issuing following directions which would meet ends of justice :

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(1) The respondent – competent authority is directed to examine, deal with and decide the pending application dated 16.10.2020 independently and strictly in accordance with law and the policy, terms and the clarificatory criteria as prescribed in the advertisement.

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(2) This exercise to be undertaken by the respondent –

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C/SCA/14989/2020 ORDER

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competent authority after due compliance of principles of natural justice and after assigning reason, appropriate decision be taken in accordance with law, which may be communicated to the petitioner.

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(3) Since the grievance which is voiced out is of October, 2020, it is expected that the respondent – competent authority shall take appropriate decision within a period of 4 weeks from the date of receipt of writ of this Court.

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(4) It is needless to clarify that the Court has not expressed any opinion on merit with regard to any of the contention, since the respondent – competent authority is to take appropriate decision.

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With these observations and directions, the present petition stands disposed of.

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(ASHUTOSH J. SHASTRI, J)

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DHARMENDRA KUMAR

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Kantaben Dhanabhai Ravat v. State of Gujarat

Case brief

What is this about?

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Kantaben Dhanabhai Ravat v. State of Gujarat

Case brief

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