State of Gujarat and Others vs Vasava Ramilaben Harilal @ Vasava Ramaniben Harilal

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 3rd September, 2007 passed in Special Civil Application No. 22491 of

2007. The learned Single Judge in paragraphs 10 and 11 of his judgment has issued the following directions:

In view of this background, it is directed to the Respondents to reconsider case of the Petitioner for compassionate appointment on the basis

of policy dated 10th March, 2000/7th September, 2002 which was prevailing at the relevant time when father of the Petitioner expired and also to

consider the aforesaid two decisions of the Apex Court and then to pass appropriate reasoned orders in accordance with law within three months

from the date of receipt of copy of this order and to communicate their decision to the Petitioner immediately thereafter.

With these observations and directions, this petition is disposed of at this stage without expressing any opinion on merits of the matter and with

a liberty in favors of the Petitioner to challenge the orders that may be made by Respondents before the appropriate forum in accordance with law

if the same are adverse to the Petitioner Direct service is permitted.

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.