LPA/1133/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1133 of 2007 In SPECIAL CIVIL APPLICATION No.1530 of 2006 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 ? ========================================================= HAMRAJSINH BECHARSINH CHAUHAN - Appellant(s) Versus REGISTRAR CO OP SOCIETIES & 1 - Respondent(s) ========================================================= Appearance : MR HM JADEJA FOR MR BJ JADEJA for Appellant(s) : 1, None for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 07/03/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) LPA/1133/2007 2/3 JUDGMENT Heard the learned advocate. This Appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 20th February, 2006 passed by the learned Single Judge in above Special Civil Application No.1530 of 2006. In the year 1983 the appellant, writ petitioner, was employed as a clerk under Superintending Engineer, Mahi Irrigation Project on compassionate ground. Under the relevant rules, the appellant was required to take pre-service training and pass the examination. On appellant failing to pass such examination in the specified chances, by order dated 10th October, 1990, his service was terminated. 15 years thereafter, in the year 2006 the said order was challenged by the appellant in the above writ petition. There is no gainsaying that the termination of service of the appellant was in consonance with the relevant rules and the terms and conditions of his LPA/1133/2007 3/3 JUDGMENT employment. Further the issue whether the service of the employee appointed on the compassionate ground can be terminated in accordance with relevant rules, has been set at rest against the appellant since 1986 and has been consistently followed till the date. The learned Single Judge has also considered unexplained, undue delay in approaching the Court. The learned Single Judge has rightly rejected the writ petition on merits as well as on account of unexplained, undue delay. No case for interference is made out. The Appeal is dismissed in limine. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc