Petitioner sought compassionate appointment as an adopted mother of a government employee who died in service. The court dismissed the petition, holding that the claim could not survive such a long delay and that the applicant did not qualify as a dependent based on the evidence.
None. Writ petition dismissed with no costs.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
161 WRIT PETITION NO. 2260 OF 2014
BABASAHEB TAWJI JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr.U.R. Awate
AGP for Respondent No. 1 : Mr. S.B.Pulkundwar
Advocate for Respondent Nos. 4 & 5 : Mr.Mundhe S.V.
...
CORAM: S.V.GANGAPURWALA
AND
SUNIL K.KOTWAL, JJ.
DATE : AUGUST 6, 2018
O R D E R :
Thepetitionerseeksappointmenton
compassionate ground.
2.Mr. Awate, learned counsel submits that one
Mr. Tawji Bhaguji Jadhav was in employment of
respondent. He died on 27.9.1985 while in service. The
petitioner is adopted on 21.4.1985 as per the
tradition and customs. The adoption deed was
registered in the year 2000. The petitioner has also
been issued legal heirship certificate by the Civil
Court. The adoptive mother was offered employment in
the year 1986, but could not take up the employment.
3.According to learned counsel, there is no
impediment to consider the case of the petitioner for
appointment on compassionate ground.
4.Mr. Mundhe, learned counsel appearing for
respondent contends that for the first time the
petitioner made application in the year 2003.
Considering the documents placed on record the claim
of the petitioner is rejected.
5.We have considered the submissions canvassed
by learned counsel of respective parties.
3 wp2260.18
6.The purpose of giving appointment on
compassionate ground is to provide immediate succour
to the dependent of the deceased dying in harness.
The case for compassionate appointment would not
survive after long slumber of 28 years. It is also
to be noted that the widow of deceased Tawji was
offered employment in the year 1986, but the same was
not accepted by her.
7.It is abundantly clear that the adoptive
mother was not in requirement of employment. The
adoption deed is registered in the year 2000. The
adoption deed nowhere refers to the adoption of the
petitioner in the year 1985. The registered adoption
deed is on the premise that the adoption has taken
place pursuant to the registered instrument. The
petitioner certainly cannot claim appointment on
compassionate ground on the basis of said instrument.
No error has been committed by rejecting the claim of
petitioner.
4 wp2260.18
8. Writ petition is dismissed. No costs.
[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.]
mahajansb/
3 issues framed by the court
Whether the petitioner is eligible for appointment on compassionate grounds after a long delay.
Whether the petitioner, adopted long after the death of the breadwinner, qualifies as a dependent.
Whether the rejection of the claim considering the delay and prior offer to the widow is sustainable.
Babasaheb Tawji Jadhav
The State of Maharashtra
S.V. Gangapurwala
Sunil K.Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court