Dismissed

A. Qadeer a. Mannan Bijapure, through Poa, Sathi Bashir Ahamd Bashamiya Shaikh v. the President, M. a. Pangal Anglo Urdu High School and Junior College of Arts and Science and Ors.

Bombay HC29 Feb 2016WP/6493/2014

Case brief

AI extract

What is this about?

The petitioner sought a direction for appointment on compassionate ground after his father, a teacher, died. The High Court noted the petition was filed with unclean hands as the petitioner had not approached the appropriate forum under the MEPS Act for 15 years and ordered the respondent to decide the application. The court disposed of the petition without expressing an opinion on merits.

What did the court decide?

Direction to the Management to decide the application for compassionate appointment on its own merits and communicate the decision to the petitioner.

A. Qadeer a. Mannan Bijapure, through Poa… — Pension and Retirement Benefits | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6493 OF 2014

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A. Qadeer A. Mannan Bijapuare … Petitioner.

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V/s.

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The President, M. A. Pangal Anglo Urdu High School & Junior College of Arts and Science, Solapur & Others.

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… Respondents.

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Mr. Ashok B. Tajane, Advocate for the Petitioner. Mr. I. M. Khairdi, Advocate for the Respondent Nos. 1 & 2. Mr. P. P. Kakade, AGP for the State/ Respondent Nos. 4 to 7.

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CORAM : NARESH H. PATIL AND A. A. SAYED, JJ.

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DATE : 29^th FEBRUARY, 2016.

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P.C. :

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1 Heard the learned counsel appearing for the

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parties.

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2 By this petition, the Petitioner prays for direction to the Respondents to appoint him on compassionate ground in M.A. Pangal Anglo Urdu High School and Junior College of Arts and Science at Solapur. It is the case of the Petitioner that his father was a Lecturer in History and Urdu subjects in the said Junior College. He died in the year 2000 due to cancer. The Petitioner filed applications with the Respondent Management during 2001 to 2008, seeking appointment on

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compassionate ground. The Petitioner claims to have filed application again on 30^th January, 2009 for compassionate appointment. Thereafter, the Petitioner claims to have filed further application, representation/complaint to the Education Officer and Deputy Director of Education.

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3 Learned counsel appearing for the Petitioner submits that an additional affidavitinrejoinder is filed wherein reliance was placed on a note singed by the Education Officer (Secondary), wherein it was recorded that though the Petitioner was not given appointment order, he was discharging his duties as a teacher since the year 20012002. On behalf of the Petitioner it is submitted that the Management insisted that the Petitioner should upgrade his qualification so as to consider petitioner's appointment on compassionate ground. The learned counsel further submits that the Management did not allow the Petitioner to sign the muster though he was appointed.

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4 The learned counsel appearing for the Management refuted the allegations of the petitioner and submits that at no point of time the petitioner was appointed on any post much less on compassionate ground or by following procedure in accordance with the MEPS Act. The learned counsel on behalf of the Management further submits that the petitioner's claim is imaginary.

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5 We have perused the record produced before us. Prima facie, we are not convinced with the plea of the Petitioner that he was appointed by the Management in the year 20012002. In any case, if the Petitioner was really appointed and was denied service benefits then appropriate remedy under the MEPS Act was open for the petitioner, which the Petitioner for the best reasons known to him, has not resorted to since last 15 years. Petitioner is seeking direction to the Respondents to appoint him on compassionate ground. This plea itself is self contradictory. The Petitioner has not approached this court with clean hands. The learned counsel appearing for the Management submits that so far the Management has not taken any decision on the application filed by the Petitioner, seeking his appointment on compassionate ground in accordance with the Scheme framed by the State Government.

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6 The Management shall decide the application of the Petitioner on its own merits and communicate its decision to Petitioner. With the above directions, without expressing any opinion on merits, the petition is disposed of.

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A. Qadeer a. Mannan Bijapure, through Poa, Sathi Bashir Ahamd Bashamiya Shaikh v. the President, M. a. Pangal Anglo Urdu High School and Junior College of Arts and Science and Ors.

Case brief

What is this about?

What did the court decide?

A. Qadeer a. Mannan Bijapure, through Poa, Sathi Bashir Ahamd Bashamiya Shaikh v. the President, M. a. Pangal Anglo Urdu High School and Junior College of Arts and Science and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

Case details

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