Dismissing the Letters Patent Appeal, the bench held that the Single Judge correctly refused compassionate appointment because the appellant's mother was in government service and there was a 13-year delay in filing the petition, rendering the appeal devoid of merits.
Letters Patent Appeal rejected; Notice discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/LPA/1264/2019 ORDER DATED: 21/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1264 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 1752 of 2013
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PARMAR GIRISHKUMAR ISHWARLAL
Versus STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1 MR PV PATADIYA(5924) for the Appellant(s) No. 1 MS URMILA DESAI, AGP(1) for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 21/12/2021
ORAL ORDER (PER : HONOURABLE MR. JUSTICE S.H.VORA)
2.1 The father of the appellant was serving as Class – IV employee in Civil Hospital, Ahmedabad and he passed away during the service on 2.7.2001. Therefore, the appellant applied for compassionate appointment in the Civil Hospital on 25.9.2001. Vide communication dated 29.1.2003, the appellant’s case for compassionate appointment was refused as
Page 1 of 3
C/LPA/1264/2019 ORDER DATED: 21/12/2021
per Government Resolution dated 7.9.2002 and thus, the appellant was not found eligible to get compassionate appointment. Before invoking powers under Article 226 of the Constitution of India, the appellant made efforts to get the appointment by approaching to the Gujarat State Legal Services Authority and also written letters to various authorities.
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C/LPA/1264/2019 ORDER DATED: 21/12/2021
condition. Not only that we have also noticed and found that the appellant has not challenged communication of the year 2008. It is a matter of fact that the father of the appellant died in 2001, whereas the appellant approached the Court after lapse of 13 years for entertaining the petition seeking compassionate appointment.
(S.H.VORA, J)
(ANIRUDDHA P. MAYEE, J.)
SHEKHAR P. BARVE
Page 3 of 3
2 issues framed by the court
Whether the learned Single Judge committed impropriety or illegality by refusing compassionate appointment due to the mother's government employment and 13-year delay.
Whether the delay and failure to challenge the 2008 communication warrant interference under Article 226.
1 provisions across 1 enactments
PARMAR GIRISHKUMAR ISHWARLAL
STATE OF GUJARAT
S.H.VORA
ANIRUDDHA P. MAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
