The petitioner claimed compassionate appointment based on an allegedly suspicious will of his adoptive father deceased in 1987. The court found no merit as the hardship from that period did not continuously continue thirty years later.
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1901wp2598.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2598 OF 2014
(Nagorao Pandurang Kumare Vs. State of Maharashtra & another)
CORAM : B. R. GAVAI AND P. N. DESHMUKH, JJ. DATED : 19 JANUARY, 2016
The petitioner is claiming
compassionate appointment on the ground of death of his adoptive father. The claim is on the basis of a will allegedly executed by deceased Pandurang in the year 1987. The deceased has died on 04/9/1987 whereas registration of the will deed is dated 02/12/1987.
It is the contention of respondent-Zilla Parishad that the will deed itself is suspicious and as such on a suspicious document, the claim of the petitioner cannot be considered.
In any case, by now, the law is settled in catena of judgments of the Apex Court that the compassionate appointment is to be granted in
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| 1901wp2598.14.odt | 2/2 |
|---|---|
| order to meet the hardship which the family suffers on account of sudden death of the employee. In the present case, almost a period of |
|
| thirty years has elapsed from the death of the | |
| alleged adoptive father of the petitioner and by no | |
| stretch of imagination it could be said that the | |
| hardship, which arose in the year 1987, | |
| continuously continued till date. In that view of | |
| the matter, we find no merit in the case. | |
| Writ petition stands dismissed. | |
| JUDGE JUDGE |
wwl
2 issues framed by the court
Whether compassionate appointment can be granted decades after the death of the employee due to alleged suspicious will.
Whether hardship continuing from 1987 warrant compassionate appointment in 2014.
Nagorao Pandurang Kumare
State of Maharashtra
respondent No.2
B. R. Gavai
P. N. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
