Allowed

Pinky @ Megha Vijay Yallamwad v. the Superintending Engineer Mah State Electricity Distribution Company Ltd. Nanded

Bombay HC20 Aug 2011WP/2289/2011

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment after husband's death. Court held 2003 regulations did not require mother-in-law's consent. Later Correction Slip does not apply retrospectively. Writ allowed; respondents directed to consider claim per 2003 regulations.

What did the court decide?

Petitioner to be directed to consider the claim for appointment on compassionate ground without insisting on No objection/consent of other dependents.

Pinky @ Megha Vijay Yallamwad Vs the… — Pension and Retirement Benefits | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2289 OF 2011 "Pinky @ Megha w/o. Vijay Yallamwad Vs. The Superintending Engineer, MSCDC, and another."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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Pinky @ Megha w/o. Vijay Yallamwad, Age 27 years, Occ.Nil R/o. C/o. M.K. Nandurkar, Shashi Niwas, Sabane Galli, Mukhe, Tq. Mukhed, Dist. Nanded.

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... Petitioners

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Versus 1] The Superintending Engineer, Maharashtra State Electricity Distribution Company Ltd., Office at Vidhut Bhavan, New Mondha, Annabhau Sathe Chowk, Hingoli Gate, Nanded, Dist. Nanded.

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2] The Executive Engineer, Maharashtra State Electricity Distribution Company Ltd., Divisional Office, Degloor, Tq. Degloor, Dist. Nanded.

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... Respondents.

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Mr. V.P. Savant, Advocate for petitioner. Mr. P.B. Paithankar, Advocate for respondents.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2289 OF 2011 "Pinky @ Megha w/o. Vijay Yallamwad Vs. The Superintending Engineer, MSCDC, and another."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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CORAM :- B.R. GAVAI & M.T. JOSHI, JJ.

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DATE :- 20TH AUGUST, 2011.

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ORAL JUDGMENT [ PER B.R. GAVAI, J.] :-

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1] Rule. Rule made returnable forthwith. Heard finally by consent of parties.

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2] By way of present petition, the petitioner prays for a direction to the respondents to consider the claim of the petitioner for appointment on compassionate ground without insisting on consent/No objection of her mother in law.

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3] The petitioner's husband was working in Maharashtra State Electricity Distribution Company Ltd. He died on 18^th November, 2003. Immediately thereafter, the petitioner made an application on 29^th February, 2004, seeking compassionate appointment. However, the application of the petitioner was not considered on the ground that the petitioner did not get `No Objection' of her mother in law.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2289 OF 2011 "Pinky @ Megha w/o. Vijay Yallamwad Vs. The Superintending Engineer, MSCDC, and another."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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4] The learned counsel for the petitioner submits that there is no requirement under the concerned regulations dealing with the appointment on compassionate ground to produce consent/No objection of other relatives. It is, therefore, submitted that the insistence of consent of the mother in law, is not sustainable in law.

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5] Learned counsel Mr. Paithankar, appearing for the respondent Company, on the contrary, submits that the Correction Slip No. 37, dated 3^rd November, 2010 specifically provides for consent of the other dependents. It is therefore submitted that no error could be found in the action of the respondents in insisting for `No Objection' of the mother in law.

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6] Admittedly the husband of the petitioner died on 18^th November 2003. As such the case of the petitioner would be governed by the regulations as existing then. The Correction Slip No. 37 would be applicable from 29^th November, 2010, i.e. the date of the Board Resolution. In that view of the matter, the case of the petitioner would not be governed by the correction slip No. 37 dated 3^rd November, 2010, but the regulations which were in existence in 2003. The Regulations of 2003 do not require that no

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2289 OF 2011 "Pinky @ Megha w/o. Vijay Yallamwad Vs. The Superintending Engineer, MSCDC, and another."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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objection of other dependents has to be submitted alongwith the application.

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7] In that view of the matter, writ petition is allowed. Respondents are directed to consider the claim of the petitioner for appointment on compassionate ground, in accordance with law, without insisting on No objection/consent of other dependents of the deceased.

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Rule made absolute in aforesaid terms, with no orders as to costs.

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grt/-

Pinky @ Megha Vijay Yallamwad v. the Superintending Engineer Mah State Electricity Distribution Company Ltd. Nanded

Case brief

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Pinky @ Megha Vijay Yallamwad v. the Superintending Engineer Mah State Electricity Distribution Company Ltd. Nanded

Case brief

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