Partly allowed

Basavraj Maruti Madhyale v. the Government of Maharashtra and Ors.

Bombay HC4 Oct 2010WP/1804/2010

Case brief

AI extract

What is this about?

In a writ petition, the Bombay High Court ordered administrative authorities to issue notice to the deceased employee's first wife before deciding on the petitioner's compassionate appointment application from the second marriage, as such a step was necessary to ascertain valid objections.

What did the court decide?

Respondents directed to issue notice to first wife of deceased; if no valid objection, petitioner's application to be scrutinized and appointment granted if eligible.

Basavraj Maruti Madhyale Vs the Government of… — Pension and Retirement Benefits | Bombay HC (2010)

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1 WP No.1804/10

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mpt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1804 of 2010

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Basavraj Maruti Madhyale ... Petitioner versus The Government of Maharashtra & ors. ... Respondents

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Mr. S.R.Ganbavale for the petitioner. Mr.S.R.Nargolkar, G.P for respondent no.1. Mr.G.S.Hegde for respondent nos.2 and 3.

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CORAM : D.K. DESHMUKH AND

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N.D.DESHPANDE, JJ DATED : 4^th October 2010

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P.C.

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Rule returnable forthwith. Heard learned counsel appearing for

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the parties.

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The following can be taken as admitted facts:

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One Maruti Madhyale was in the employment of respondent

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nos.2 and 3. He died while he was in the service of respondent nos.2

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2 WP No.1804/10

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and 3. During his life time, he had married twice. His first wife applied for succession certificate. It was granted in her favour. Admittedly, there is a policy of granting appointment on compassionate ground in force under the respondent nos.2 and 3. The petitioner who is son of deceased Maruti from his second wife applied for a job on compassionate ground. That application was not considered favourably by the respondent nos.2 and 3 principally because of the succession certificate issued in favour of the first wife of Maruti by Civil Court. It is apparent from the record that the respondent nos.2 and 3 have not issued any notice to first wife of Maruti to find out whether she has any objection to employment on compassionate ground being granted in favour of the petitioner. In our opinion, if the first wife does not have any valid objection and if the petitioner is otherwise entitled to appointment on compassionate ground, there is no reason why respondent nos.2 and 3 should not consider his application. In our opinion, therefore, following order would meet the ends of justice.

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Respondent nos.2 and 3 shall consider application filed by the petitioner for appointment or employment on compassionate ground after issuing notice to first wife of deceased Maruti to find out whether she has any valid objection to the appointment of the petitioner on

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3 WP No.1804/10

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compassionate ground. In case the respondent nos.2 and 3 finds that she has no objection or the objection raised by her is not valid, the application submitted by the petitioner shall be scrutinized in accordance with the policies of the respondent and if he is found entitled to the appointment of that policy, the respondent shall grant him appointment in accordance with law.

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Rule made absolute accordingly. No order as to costs.

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(D.K.DESHMUKH, J)

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(N.D.DESHPANDE,J)

Basavraj Maruti Madhyale v. the Government of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Basavraj Maruti Madhyale v. the Government of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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