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Prafulla Mukeshrao Deshmukh v. Rashtriya Sahkari Shikshan Prasarak Mandal Ltd. Chalisgaon through Chairman and Others

Bombay HC24 Sept 2019WP/6353/2019

Case brief

AI extract

What is this about?

The High Court held that a recruitment ban does not apply to compassionate appointments. The respondents are directed to consider the petitioner's claim against the seniority waitlist while maintaining the required percentage of compassionate appointments.

What did the court decide?

The respondents are directed to consider the applicant's claim for appointment on compassionate grounds as per the seniority wait list.

Prafulla Mukeshrao Deshmukh Vs Rashtriya… — Pension and Retirement Benefits | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 145 WRIT PETITION NO.6353 OF 2019

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PRAFULLA MUKESHRAO DESHMUKH

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VERSUS
RASHTRIYA SAHKARI SHIKSHAN PRASARAK MANDAL LTD CHALISGAON
THROUGH CHAIRMAN AND OT

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...

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Advocate for Petitioner : Mr Patil Paresh B.
AGP for Respondents State : Mr S P Tiwari
Advocate for Respondent No.2 : Mr. Mukund D Gitte

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CORAM: S. V. GANGAPURWALA &
ANIL S. KILOR, JJ.
 DATE:24th September, 2019

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ORDER :

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Learned counsel for the petitioner submits that

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the petitioner has applied for appointment on

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compassionate ground. The said application is not

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considered. The learned counsel for respondent no.2
submits that vacancy exists but because of ban on
recruitment, appointment cannot be made.

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Time and again we have held that ban on recruitment

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would not apply to the compassionate appointment. The
respondents may consider the claim of the petitioner as
per seniority, wait list maintained for the person to be
appointed on compassionate ground. Respondent no.2 will
also have take precaution that percentage of the persons
to be appointed on compassionate ground is maintained and

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Page 1 of 2

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145 the persons above the maximum allowed to be appointed on compassionate ground would not be appointed. With these observations, the respondents may take further steps for appointment of petitioner on compassionate ground as per his qualification.

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Writ petition disposed of. No costs.

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(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.)

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JPC

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Page 2 of 2

Prafulla Mukeshrao Deshmukh v. Rashtriya Sahkari Shikshan Prasarak Mandal Ltd. Chalisgaon through Chairman and Others

Case brief

What is this about?

What did the court decide?

Prafulla Mukeshrao Deshmukh v. Rashtriya Sahkari Shikshan Prasarak Mandal Ltd. Chalisgaon through Chairman and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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