The High Court of Bombay Bench at Aurangabad dismissed a writ petition challenging the dismissal of a compassionate appointment claim. The court held that appointing the petitioner's son on compassionate grounds was inapplicable after an 11-year delay without financial assistance.
The petition was 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.
Writ Petition No.8272/2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8272 OF 2016
Maroti s/o Kishanrao Wadkar VERSUS
… PETITIONER
The State of Maharashtra & others … RESPONDENTS
Shri R.K. Ashtekar, Advocate for petitioner Shri A.B. Girase, Government Pleader for State
CORAM: PRADEEP NANDRAJOG, CJ & R.G. AVACHAT, J. DATE: 24.09.2019
PER COURT :
3.7.2004.
representation in which he drew attention of the authorities to his father having died while in service on 3.7.2004. The petitioner prayed that he be given employment on compassionate basis. There was no
Writ Petition No.8272/2016
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response to the representations. The petitioner continued to make representations.
to fill up vacancies of Kotwal in Ahmedpur Taluka. The petitioner applied. He took the written examination but he was unsuccessful. At that stage the petitioner filed Original Application No.255/2015 which has been dismissed by the Tribunal on the reason that the same was filed 10 years 8 months and 23 days after petitioner's father died.
(R.G. AVACHAT, J.) CHIEF JUSTICE
fmp/-
3 issues framed by the court
Whether a compassionate appointment claim filed 11 years after the employee's death can succeed.
Whether the long delay without any financial assistance defeats the prima facie case for appointment.
Whether the petition should be dismissed on the ground of inordinate delay in seeking relief.
1 provisions across 1 enactments
Maroti s/o Kishanrao Wadkar
The State of Maharashtra
PRADEEP NANDRAJOG
R.G. AVACHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
