High CourtsDivision Bench(2011) 04 GUJ CK 0147

State of Gujarat and Others vs Shardaben Bhikhabhai Soyaliya

Gujarat High Court · Decided on 28 April 2011

HON’BLE JUDGES
V.M. Sahai, J · G.B. Shah, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 1428 of 2009 in Special Civil Application No. 14117 of 2007 and Civil Application No. 7932 of 2009

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Judgment

5 paragraphs · 270 words

V.M. Sahai, J.—We have heard Mr. N.J. Shah, learned Assistant Government Pleader for the Appellants. This Letters Patent Appeal has been filed challenging the judgment of the learned Single Judge dated 14th June,2007 passed in Special Civil Application No. 14117 of 2007. The learned Single Judge in paragraphs 8, 9 and 10 of his judgment has issued the following directions:

8.

Therefore, it is directed to the Respondent to consider the representation of the Petitioner and examine the grievance of the Petitioner in light of the observations made by the Apex Court as referred above and when the father of the Petitioner died at that time whatever the policy was prevailing, same benefit should have to extended in favour of the Petitioner or not ? by passing appropriate reasoned order in accordance with the law within a period of three months from the date of receiving the copy of such representation from the Petitioner.

9.

In view of the above observations and directions, present petition is disposed of without expressing any opinion on merits.

10.

However, in case if ultimate decision is adverse to the Petitioner, it is open for the Petitioner to challenge the same before appropriate forum in accordance with law.

2.

Since only direction has been issued to the Respondents to examine grievances of the Petitioner and for considering the claim of the Petitioner for compassionate appointment, we are not inclined to interfere with the matter at this stage. We do not find any merit in this Letters Patent Appeal. This Appeal fails and is accordingly dismissed. As the Appeal is dismissed, Civil Application does not survive.