Petitioner sought compassionate ground appointment citing father's superannuation. Discrepancy in father's name (Bhimappa vs Bhimrao) arose. High Court held it cannot resolve factual dispute via writ and directed civil remedy.
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.
oswp61.doc
1
ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.61 OF 2018
Balram Bhimrao Vaidya
vs.
Mumbai Municipal Corporation
of Greater Mumbai & Ors.
...Petitioner
...Respondents
Mr.Sanjeev S. Hariakar for the Petitioner
Mr.Sagar Patil for the respondent-MMC.
CORAM : A.S.OKA, &
SANDEEP K. SHINDE,JJ.
DATE : DECEMBER 11, 2018
P.C.:
1Heard the learned counsel for the petitioner.
The name of the petitioner as stated in the petition
is Balaram Bhimrav Vaidya who applied to the Mumbai
Municipal Corporation for grant of employment on
compassionate ground, after superannuation of his
mother Smt.Shakuntala Bhimram Vaidya who was in the
employment of the Municipal Corporation.
2The controversy in this petition arises as in
the School Leaving Certificate of the petitioner,
the name of the petitioner’s father is mentioned as
“Bhimappa” and not Bhimrao.
3The learned counsel for the petitioner submits
that Bhimrao and Bhimappa were the same persons. He
relied upon the Government Notification dated 13th
2 oswp61.doc
March 2008 published in Maharashtra Government
Gazette recording the change of name of Balaram
Bhimappa Vaidya as Balaram Bhimrao Vaidya. However,
on a query made by the Court, the learned counsel
for the petitioner states that his father died in
the year 1999. Even in the Aadhar Card, the name of
the father is mentioned as Bhimrao.
4Gazette publication of change of name of the
year 2008 is of no assistance to the petitioner.
Admittedly, the same has been made 13 years after
the death of his father. From the correspondence on
record, it appears that the Municipal Officers
suggested to the petitioner that he should produce
a decree passed by the appropriate Civil Court of
the declaration of the name of his father.
5In this petition under Article 226 of the
Constitution of India, we cannot go into the
disputed question of fact whether the name of the
father of the petitioner was Bhimrao or Bhimappa.
More appropriate remedy for the petitioner will be
to seek an appropriate declaration from the
Competent Civil Court.
6The learned Counsel for the petitioner submits
that pending the suit, a direction be issued to
grant appointment on compassionate ground to the
petitioner. The eligibility of the petitioner
depends upon the Resolution of the controversy about
the name of his father. Therefore, such a relief
3 oswp61.doc
cannot be granted. Considering the facts of the
case, the petitioner can always request the Civil
Court to give out of turn priority to the hearing of
the suit filed by him.
7Subject to what is observed above, Writ
Petition is disposed of. If an appropriate
declaration is granted by the Civil Court, the
petitioner can always approach the concerned
Authority for grant of compassionate appointment.
(SANDEEP K. SHINDE,J.)(A.S.OKA,J.)
2 issues framed by the court
Whether the High Court can resolve the disputed fact regarding the petitioner's father's name to determine eligibility for compassionate ground appointment.
Whether the petitioner should seek a civil decree declaring his father's name before obtaining compassionate appointment.
1 provisions across 1 enactments
Balram Bhimrao Vaidya
Mumbai Municipal Corporation
A.S. Oka
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court