The High Court dismissed a writ petition for compassionate employment due to inordinate delay. The petitioner's father died in 2001, but the petition was filed in 2013, rendering the prayer untenable.
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vikrant 1/2 912-WP-4535-2013.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4535 OF 2013
Shri Dadaso Maruti Suryavanshi … Petitioner Vs. Warnamai Shikshan Prasarak Mandal … Respondents
Mr. Sagar Mane i/b. Mr. N. V. Bandiwadekar for the Petitioner. Ms. Sushma Bhende, AGP for Respondent Nos. 3, 4 and 6-State.
CORAM : S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ. DATE : MARCH 22, 2017.
P.C. :
The petitioner seeks compassionate employment in the 1st respondent's School. On the own showing of the petitioner, somebody else was appointed in place of the predecessor in title of the petitioner, namely, the father. The father of the petitioner expired on 17th September, 2001. From the time there was a complaint lodged about the appointment, and allegedly wrongfully made, of respondent no.5, the petitioner was aware that the matter was pending before the School Tribunal, because that alleged wrongful appointee took the School to that Tribunal against the act of the Management terminating his services. Thereafter, there was a private arrangement under which, it is stated that, the 5th respondent was absorbed in the employment. All this is claimed to be wrongful. However, once the predecessor
vikrant 2/2 912-WP-4535-2013.odt
in title of the petitioner/the deceased employee expired on 17th September, 2001, and the Writ Petition being filed in this Court on 6th May, 2013, it is evident that by passage of time, we cannot issue any direction, particularly, as sought in terms of prayer clause (c). Purely on the ground of inordinate delay and laches, the Writ Petition is dismissed.
(B. P. COLABAWALLA, J.)
(S. C. DHARMADHIKARI, J.)
3 issues framed by the court
Whether a writ petition for compassionate employment should be allowed given inordinate delay since the death of the predecessor.
Whether the Writ Petition is maintainable considering the passage of time since the filing of complaints and Tribunal proceedings.
Whether the Court can issue directions for compassionate employment after a decade-long delay involving multiple respondents and Tribunal proceedings.
Shri Dadaso Maruti Suryavanshi
Warnamai Shikshan Prasarak Mandal
S. C. Dharmadhikari
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
