Disposed

Smt. Ellakanni Widow of Muthuraman Varadraj and Ors. v. the Kalyan Dombivali Municipal Corporation, Kalyan and Ors.

Bombay HC3 Oct 2012WP/1123/2012

Case brief

AI extract

What is this about?

The Court disposed of a Writ Petition challenging the rejection of a compassionate appointment claim. It directed the Corporation to conduct an inquiry, giving both parties a chance to be heard and entrusting it to a senior official, rather than deciding the substantive eligibility. The Court reserved the legal questions for appropriate proceedings.

What did the court decide?

Direction to the Kalyan Dombivali Municipal Corporation to either personally examine rival claims or entrust inquiry to a senior official not below the rank of Deputy Commissioner, allowing opportunit

Smt. Ellakanni Widow of Muthuraman Varadraj… — Pension and Retirement Benefits | Bombay HC (2012)

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WP.1123.2012.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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CIVIL WRIT PETITION NO. 1123 OF 2012

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Ellakanni, Widow of Muthuraman Varadraj & Anr. :- Petitioners versus The Kalyan Dombivali Municipal Corporation & Ors. :- Respondents

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WITH
CIVIL APPLICATION NO. 1707 OF 2012
IN
WRIT PETITION NO. 1123 OF 2012

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Shaktivel Muthuraman Varadraj :- Applicant versus Ellakani Muthuraman Varadraj & Ors. :- Respondents

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Mr. S. S. Rotti, for the Petitioner. Mr. Y. M. Pendse, for the Applicant. Mr. A. S. Rao, for the Respondents.

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CORAM:-A.M.KHANWILKAR &
SMT.V.K.TAHILRAMANI,JJ.

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DATED:-OCTOBER 3, 2012

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P.C.:-

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We have heard Counsel for the Petitioner as well as Respondents, including the advocate for the Applicant in companion Civil Application No. 1707 of 2012.

Page 1 of 3

J.V.Salunke,PA

WP.1123.2012.doc

The relief claimed in this Petition is to issue direction

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to the Corporation to consider the claim of the Petitioner No. 2, to be appointed as Safai Kamgar on compassionate ground, after the death of Mr. Muthuraman Varadraj. According to the Petitioners, Petitioner No. 2 is the daughter of deceased Muthuraman Varadraj.

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On the other hand, the Applicant claims that the applicant has been nominated by deceased Muthuraman Varadraj for being appointed on compassionate ground, in view of his nomination in the form submitted to the Corporation by the deceased himself.

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In view of these rival claims, we deem it appropriate to dispose of these proceedings with direction to the Commissioner of Kalyan Dombivali Municipal Corporation to either personally examine the claim of the rival parties regarding appointment on compassionate ground, subject to eligibility, or to entrust the inquiry to some senior official not below the rank of Deputy Commissioner, GAD. The said inquiry be completed after giving opportunity to both the parties and expeditious decision be taken.

Page 2 of 3

J.V.Salunke,PA

WP.1123.2012.doc

We make it clear that this order is not an expression of

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opinion that the Corporation is obliged to appoint the Petitioner No. 2 or the Applicant on compassionate ground, contrary to the extant regulations regarding appointment on compassionate ground, as may be applicable to the Corporation.

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The Petition as well as Civil Application are disposed of accordingly. We keep all questions, raised by both the parties in respect of appointment on compassionate ground, open, to be considered in appropriate proceedings.

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(SMT.V.K.TAHILRAMANI,J.) (A.M.KHANWILKAR,J.)

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Page 3 of 3

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J.V.Salunke,PA

Smt. Ellakanni Widow of Muthuraman Varadraj and Ors. v. the Kalyan Dombivali Municipal Corporation, Kalyan and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Ellakanni Widow of Muthuraman Varadraj and Ors. v. the Kalyan Dombivali Municipal Corporation, Kalyan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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