Dismissed

Smt. Shakuntala Marulshanakr Loni and Ors. v. Zilla Adhikshak Krishi Adhikari, Solapur and Ors.

Bombay HC15 Jul 2014WP/5740/2012

Case brief

AI extract

What is this about?

Petitioners sought compassionate appointment for the petitioner No.2, a brother of the deceased. The court noted the existence of a legal dispute, a 12-year delay in filing, and state contentions regarding eligibility, finding no case for interference in the exercise of writ jurisdiction.

What the court decided

AI extract

Smt. Shakuntala Marulshanakr Loni and Ors. Vs… — Pension and Retirement Benefits | Bombay HC (2014)

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14.WPNo.57402012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

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WRIT PETITION NO. 5740 OF 2012

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Smt.Shakuntala Marulshankar Loni & Anr. ... Petitioners vs. Zilla Adhikshak Krishi Adhikari, Solapur & Anr. ... Respondents

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Mr.P.M.Shah, Advocate for the Petitioners. Ms.J.B.Kurup, 'B' Panel, A.G.P. for Respondent No.2

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CORAM :NARESH H.PATIL & RAVINDRA V.GHUGE, JJ. DATED :15TH JULY, 2014

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P.C.

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Heard.

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The petitioners seek directions to the respondent to appoint Petitioner No.2 on compassionate ground. Petitioner No.2 is brother of the deceased. Petitioner No.1 is the mother of Petitioner No.2 and the deceased-Prabhakar.

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The respondent filed affidavit-in-reply through Assistant

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Administrative Officer, Office of District Superintending Agriculture Officer, Solapur. It is contended in the reply that there was a legal dispute between the petitioner Nos.1 and 2 and between Sunita - the

Gaikwad RD

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14.WPNo.57402012

widow of deceased-Prabhakar for seeking a Succession Certificate and monetary benefits of Pension, Gratuity Funds, G.I.S. and Provident Fund of deceased-Prabhakar.

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The deponent further contended that the Civil Judge, Senior Division, Solapur vide judgment and order dated 24/08/2006 disposed of Misc. Civil Application No. 114 of 2003 filed by Smt.Sunita-widow of deceased-Prabhakar by granting her succession certificate and monetary benefits. The mother and brother of deceased-Prabhakar filed an appeal before the District Court, Solapur challenging the said order. The District Court directed that the succession certificate be granted in favour of Shakuntala-mother and Smt.Sunita-widow of deceasedPrabhakar and the monetary claim of deceased-Prabhakar be awarded to them equally. The District Court held that petitioner No.2 is not entitled for any relief. A reference has been made to Government Resolution (annexed at Exh.3), wherein following members were held to be eligible for claim of compassionate ground, i.e. husband, wife, son, married daughter etc. The deponent submits that Smt.Sunita had applied for service on compassionate ground.

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The learned counsel for the petitioner submits that it is not always that the Government follows the Resolution and the Guidelines framed for appointments on compassionate grounds. In certain cases, brother of the deceased has got employment on compassionate ground. Petitioners are in need of employment and Smt.Sunita is already engaged in a private employment. Necessary directions to be issued as prayed for.

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We have perused the record and the affidavit-in-reply filed. Appointment on compassionate ground is not to be claimed as a matter of right. Its consideration is based on various factors and the scheme framed for the said purpose. In the affidavit-in-reply, the State has contended that Smt.Sunita-the widow of the deceased had applied for appointment on compassionate ground. The deceased - Prabhakar died in the year 2002. After 12 years the issue is being raised in respect of appointment on compassionate ground by the petitioners. In exercise of our extraordinary writ jurisdiction, no interference is warranted. The petition is dismissed.

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(RAVINDRA V.GHUGE,J.)

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(NARESH .H.PATIL, J.)

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Gaikwad RD

Smt. Shakuntala Marulshanakr Loni and Ors. v. Zilla Adhikshak Krishi Adhikari, Solapur and Ors.

Case brief

What is this about?

What the court decided

Smt. Shakuntala Marulshanakr Loni and Ors. v. Zilla Adhikshak Krishi Adhikari, Solapur and Ors.

Case brief

What is this about?

What the court decided

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