The High Court dismissed a writ petition seeking compassionate appointment on the ground of belated filing and laches, noting the delay of nearly eight years after the breadwinner's death and the intervening appointment of another candidate.
No order as to costs. Writ petition dismissed.
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.
5-WP.6382.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6382 OF 2014 WITH CIVIL APPLICATION NO. 1609 OF 2016
Smt.Kusum Madhukar Suroshe } Petitioner versus The State of Maharashtra } and Ors. } Respondents
Ms.Siddhi S. Bhosale I/b. Ms.Chaitanya Pendse for the petitioner.
Mr.S.S.Panchpor-AGP for respondent nos. 1 to 3.
Mr.A.A.Garge for respondent no.4.
CORAM :- S. C. DHARMADHIKARI & M. S. KARNIK, JJ.
DATE :- FEBRUARY 25, 2019
P.C. :-
Page 1 of 2
J.V.Salunke,P.S.
5-WP.6382.2014.doc
Thereafter, somebody else being appointed on that post and his appointment being approved is an additional ground now not to entertain this writ petition. The intervention of the Education Officer was sought, but his direction to absorb or appoint the petitioner is of May, 2007. The writ petition is brought in this court in April, 2014. Such a writ petition deserves to be dismissed, as rightly urged, only on the ground of delay and laches. It is accordingly dismissed. There would be no order as to costs.
(M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.)
Page 2 of 2
J.V.Salunke,P.S.
2 issues framed by the court
whether a writ petition for compassionate appointment should be entertained when the request was made nearly eight years after the breadwinner's death
whether the delay and appointment of another person on the vacant post warrants dismissal of the petition
Smt. Kusum Madhukar Suroshe
The State of Maharashtra
S. C. Dharmadhikari
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
