Allowed

Bandu Uttam Dongre v. the State of Maharashtra and Others

Bombay HC2 Apr 2016WP/999/2016

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed a writ petition regarding the rejection of the petitioner's compassionate appointment application. The court held the rejection ground (father's Maaruf Agreement status) invalid based on a prior judgment. The impugned communication was set aside, and respondents were directed to consider the claim per policy.

What did the court decide?

Impugned communication dated 18.04.2015 set aside; respondents directed to consider petitioner's claim under Government Resolution.

Bandu Uttam Dongre Vs the State of… — Pension and Retirement Benefits | Bombay HC (2016)

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1 23-wp999-16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

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WRIT PETITION NO.999 OF 2016

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Bandu s/o. Uttam Dongre,
Age 26 years, Occ. Nil,
r/o. At post Talwada,
Tq.Georai, Dist.Beed..Petitioner

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Versus

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1] The State of Mahararashtra,

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Through its Secretary, Rural Development and Water Conservation Department, Mantralaya, Mumbai

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2] The Chief Executive Officer, Zilla Parishad, Beed

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3] The Deputy Engineer (Works), Sub-Division, Georai, Dist. Beed ..Respondents

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Mr.P.K.Wagh, advocate for petitioner

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Mr.S.B.Yawalkar, , AGP for respondent no.1
Mr.S.B.Munde, advocate for respondent nos.2 and 3

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CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : APRIL 02, 2016

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2 23-wp999-16.odt

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PER COURT :

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Heard. Rule. Rule made returnable forthwith

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and heard finally with the consent of the parties.

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2]Limited grievance raised in this petition is
that the prayer of the petitioner for appointment
on compassionate ground has been rejected on the
ground that father of the petitioner was working
under Maaruf Agreement.

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3]The ground on which the application of the
petitioner is rejected is not sustainable in the
light of the judgment of this Court in Writ
Petition No.5501/2008 (Sharad s/o Vishnu Mali Vs.
The State of Maharashtra) with connected writ
petition thereto, decided on 28th November, 2008.

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4]The Division Bench of this Court, while
considering same controversy raised in this
petition, in paragraph no.4 of the said judgment,

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3 23-wp999-16.odt

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held that the rejection of the cases of the

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petitioners for compassionate appointment on the
ground that their fathers were working under
Maaruf agreement was erroneous. In that view of
the matter, in our opinion, the ground, on which
the petitioner's claim for appointment on
compassionate ground has been negated by the
respondents, cannot survive. In the circumstances,
the impugned communication dated 18th April, 2015
(Exh.E) is set aside. The respondents are directed
to consider the petitioner's claim in accordance
with the Government Resolution / policy, however,
the same should not be negated / rejected again on
the ground that the petitioner's father was
appointed under Maaruf agreement.

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5]It is needless to observe that since the
petitioner is waiting for a considerable period,
therespondentstoconsiderhisclaim
expeditiously.

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4 23-wp999-16.odt

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6]The petition stands disposed of in above

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terms. Rule made absolute accordingly.

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[SANGITRAO S. PATIL, J.][S.S. SHINDE, J.]

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kbp

Bandu Uttam Dongre v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Bandu Uttam Dongre v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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