Petitioner sought compassionate appointment for his mother pending the result of a pending case, but the request was rejected because the mother's pension income exceeded the statutory income cap under the scheme.
The writ petition was disposed of as it did not deserve favourable consideration.
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 AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION NO. 5268 OF 2014
Shakeel Ahmed s/o Sk. Jamil Ahmed
.. PETITIONER
VERSUS
The State of Maharashtra & others .. RESPONDENTS
Mr. B.N. Patil, advocate for petitioner. Mr. S.B. Pulkundwar, AGP for the State.
Mr. Mukul Kulkarni, advocate holding for Mr. N.B. Suryawanshi, advocate for respondents 2 to 5.
=====
CORAM : R.M. BORDE & K. K. SONAWANE, JJ. DATE : 23rd AUGUST, 2016.
PER COURT :
Application tendered by petitioner for making appointment on compassionate ground has been turned down by High Court by referring to the guideline no. 7(c) which reads thus :
The scheme shall apply only if :
(c) The total monthly income of such family is less than the total emoluments of 'Group C' employee of the lowest rank.
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allowance at 80%. Thus total monthly emoluments receivable by mother of petitioner are to the extent of Rs. 20,691/-. As on today dearness allowance is being paid at 125% on basic pension. The pay scale prescribed for 'Group C' employees of the lowest rank in judicial service (Junior Clerk) are to the extent of Rs.14,837/-. Since mother of petitioner is getting emoluments far more than the employee of the lowest rank of 'Group C' of the judicial services, there is no error on the part of the High Court in turning down the request made by petitioner.
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preposition has been laid down by the Hon'ble Supreme Court in the matter of Santosh Kumar Dubey V. State of U.P. Reported in (2009) 6 SCC 481 and
State of Manipur V. Mohd. Rajaodin reported in (2003) 7 SCC 511 .
( K. K. SONAWANE ) ( R. M. BORDE ) JUDGE JUDGE
dyb
2 issues framed by the court
Whether the petitioner's mother is eligible for compassionate appointment given her pension income exceeds the threshold.
Whether the High Court correctly applied guideline 7(c) to reject the application for compassionate employment.
Colour shows how this judgement treated each authority
Bhawani Prasad Sonkar V. Union of IndiaExplained¶22
(2011) 4 SCC 209 · Who else cites this
Santosh Kumar Dubey V. State of U.P.Explained¶25
(2009) 6 SCC 481 · Who else cites this
State of Manipur V. Mohd. RajaodinExplained¶25
(2003) 7 SCC 511 · Who else cites this
Shakeel Ahmed
The State of Maharashtra
R. M. Borse
K. K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
