This is a writ petition for compassionate appointment. The Court held that the petitioners have an adequate remedy by filing an application before the Administrative Tribunal at Aurangabad and dismissed the writ petition accordingly.
Petition dismissed; respondents directed to avail remedy before Administrative Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 2887 OF 2010
Smt. Jebunnisabi Latifbeg Mirza
and another.PETITIONERS
VERSUS
The State of Maharashtra & others
RESPONDENTS
Mr. S.S. Patil, advocate for the petitioners.
Mr. S.K. Kadam, A.G.P. for the respondents.
[CORAM : P.V. HARDAS AND S.V.
GANGAPURWALA, JJ.]
[DATE : 7th April, 2010]
PER COURT :
1.This is a petition under Article 226 of the
Constitution of India by which the petitioner are
claiming appointment on compassionate ground. According
to us, the petitioners have adequate remedy of filing
appropriate application before the Administrative
Tribunal at Aurangabad. In fact, learned A.G.P. has
raised categorical objection in this behalf. In that
light of the matter, we dismiss the petition relegating
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the petitioners to avail the remedy available in law. In
the event the question of limitation arises, the Tribunal
shall take into consideration the period of pendency of
this petition from 24th February, 2010 till today.
[ S.V. GANGAPURWALA ][ P.V. HARDAS ]
JUDGEJUDGE
[ P.V. HARDAS ]
NPJ/wp2887-10
2 issues framed by the court
Whether a writ petition for compassionate appointment is maintainable when an adequate remedy lies with the Administrative Tribunal.
Whether the High Court should exercise its writ jurisdiction to interfere in an appointment matter where the law provides a specific administrative tribunal for relief.
1 provisions across 1 enactments
Smt. Jebunnisabi Latifbeg Mirza and another
The State of Maharashtra
P.V. Hardas
S.V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court