SCA/1264/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1264 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD ============================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================= = PRAVINBHAI PITHABHAI JETHWA Versus STATE OF GUJARAT AND OTHERS ============================================= =Appearance : MR RAXIT J DHOLAKIA for the Petitioner MS ARCHANA RAVAL, ASSTT GOVERNMENT PLEADER for Respondent No.1 RULE SERVED for Respondent(s) : 1 - 4, 6, NOTICE SERVED BY DS for Respondent(s) : 2, MR MURALI N DEVNANI for Respondent No.5 ============================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD Date : 12/03/2008 ORAL JUDGMENT The petitioner's case was denied for appointment because it relates to the Local Self Government and the State Government has decided that appointment on compassionate ground would not be made in the institutions which are under Local Self Government. The order banning such Scheme has been come into effect on 30.6.2003. The case of the employee will have to be governed by SCA/1264/2006 2/2 JUDGMENT the law that was existing prior to the ban imposed by the Government because this cause of action arose prior to that, i.e. on 29.7.2000, when father of the petitioner expired. Application for appointment was made on 13.8.2000. That being the position, the petitioner is entitled for favourable direction in his favour, more particularly when one more employee has been favoured by such favourable direction by this Court in the case of Rajabhai Jethabhai Karamta Vs State of Gujarat and others given in Special Civil Application 14729 of 2003. In light of that matter, the respondents are directed to process the case of the petitioner for making appointment. With the aforesaid directions, the petition is allowed. Rule is made absolute. No cost. (BHAGWATI PRASAD, J.) omkar