Allowed

Randheer Masaji Hanwate v. State of Maharashtra and Others

Bombay HC10 Jun 2016WP/8655/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Bench at Aurangabad examined the rejection of a compassionate appointment application filed by the petitioner. The court found the application was timely filed within one year of the father's death. The impugned communication rejecting the application was quashed, and the matter restored with a direction to decide expeditiously.

What did the court decide?

The impugned communication dated 22nd July, 2010 was quashed and set aside, and the petitioner's application was restored to the file with a direction to dispose of it within twelve weeks.

Randheer Masaji Hanwate Vs State of… — Pension and Retirement Benefits | Bombay HC (2016)

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wp8655-2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 8655 OF 2015
(Randheer Masaji Hanwate Vs. The State of Maharashtra
and others)

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Mr. Suresh D. Kamble, Advocate for the Petitioner
Mr. S.K. Kadam, A.G.P. for respondent No. 1/State
Mr. S.B. Pulkundwar, Advocate for respondent Nos. 2 & 3

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CORAM :S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.

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DATE : 10th JUNE, 2016

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PER COURT:

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1.Heard the learned counsel appearing for the

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petitioner, learned A.G.P. appearing for the State and
learned counsel appearing for respondent Nos. 2 and 3.

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2.It appears that though the petitioner had filed
an application for appointment on compassionate ground
within one year from the date of death of his father,
the said application has been rejected by respondent No.
2 on the ground that it was not filed within one year.

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3.Upon perusal of the contents of the letter
dated 20th July, 2011, written by the Deputy Chief
Executive Officer, Zilla Parishad, Nanded addressed to

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the Medical Officer, Primary Health Centre, Apparao
Peth, Taluka Kinwat, District Nanded (Exhibit-D to the
present petition), it is abundantly clear that the
application was submitted by the petitioner on 2nd April,
2009 and thereafter, on 14th February, 2010. The death
certificate in regard to the father of the petitioner,
issuedbytheVillageDevelopmentOfficer,
Grampanchayat, Apparao-Peth (Exhibit-A to the petition)
would show that the father of the petitioner died on 20th
March, 2009. Therefore, the application filed by the
petitioner on 2nd April, 2009 was well within one year
from the date of death of the petitioner's father. In
the circumstances, the reason shown in the impugned
communication dated 22nd July, 2010 (Exhibit-E to the
petition) cannot sustain. The impugned communication,
therefore, is liable to be quashed and set aside.
Hence, the following order :-

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4.The impugned communication/order dated 22nd
July, 2010, issued by respondent No. 2 – the Chief

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Executive Officer, Zilla Parishad, Nanded is quashed and
set aside. The application filed by the petitioner for
his appointment on compassionate ground is restored to

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its file. The Chief Executive Officer, Zilla Parishad,

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Nanded is directed to consider the application filed by
the petitioner for his appointment on compassionate
ground, on its own merits and take the decision thereon
as expeditiously as possible; however, within a period
of twelve weeks from the date of this order and
communicate the decision so taken to the petitioner.

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5. The writ petition stands allowed and disposed

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of in above terms.

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[ SANGITRAO S. PATIL ] [S.S. SHINDE] JUDGE JUDGE

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npj/wp8655-2015

Randheer Masaji Hanwate v. State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Randheer Masaji Hanwate v. State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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