Allowed

Lila Wd/O Dashrath Chauhan and Another v. State of Maharashtra through Secretary, General Administration Department, Mumbai and Others

Bombay HC6 Sept 2021CAW/1243/2021

Case brief

AI extract

What is this about?

The High Court addressed petitions challenging the State's rigid policy regarding compassionate appointment waiting lists. The court dealt with a Civil Application requesting deletion of a petitioner's name and disposed of the Writ Petition following the stated application. The relief granted was deletion of petitioner No.1 from the array of petitioners.

What did the court decide?

The name of petitioner No.1 be deleted from the array of the petitioners and the amendment be carried out forthwith.

Lila Wd/O Dashrath Chauhan and Another Vs… — Pension and Retirement Benefits | Bombay HC (2021)

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1 16wp3344.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION (CAW) NO. 1243 OF 2021 AND

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WRIT PETITION NO. 3344 OF 2021

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(LILA WD/O. DASHRATH CHAUHAN & ANR...VS..STATE OF MAH. THR. GENERAL ADMN. DEPT. &
OTH.)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders

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Shri P.S.Kshirsagar, Advocate for Petitioners.
Shri A.S.Fulzele, Addl.G.P. for Respondent No.1.

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CORAM : SUNIL B. SHUKRE AND

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ANIL S. KILOR, JJ.

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DATED:SEPTEMBER 06, 2021.

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CIVIL APPLN.NO. 1243/2021.

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For the reasons stated in the application, the
application is allowed. The name of petitioner No.1 be
deleted from the array of the petitioners.

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The amendment be carried out forthwith.

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The application stands disposed of
accordingly. No costs.

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W.P. NO. 3344/2021

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1. Heard.

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2. The grievance of the petitioner is that as per
Government Resolution dated 21st September 2017 once
name of one legal heir is taken in the waiting list

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prepared for grant of compassionate appointments, the
change of name is not permissible and the change is
permitted only when the person whose name stands in
the waiting list dies, which is inconsistent with the object
of grant of compassionate appointment. The learned
counsel for the petitioners submits that the rigidity
adopted in such a case is not responsive to any change of
circumstances relating to the person whose name stands
in the waiting list and the other legal heirs who are
otherwise entitled for compassionate appointment. As for
example, it is further submitted, it may happen in a given
case that the person whose name is there in the waiting
list gets physically or mentally incapacitated to perform
the work and in such a case, the rigidity adopted by the
State would ultimately hit very adversely the family
which is already under financial duress.

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3.It is also submitted that, in the present case,
the name of the petitioner No.1 existed in the waiting list
till 21/08/2020, but, it was removed from the waiting
list on the ground that the petitioner No.1 had crossed
her 45 years of age on 25th June 2020 and thereafter the
petitioner No.1 died on 20th May 2021. But, it is also
submitted that the request made for substitution of name
of the deceased petitioner No.1 for that of petitioner
No.2 ought to have been permitted by the respondents.

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4.Issue notice for final disposal at admission
stage to the respondents, returnable after four weeks.

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3 16wp3344.21

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5.Shri A.S.Fulzele, learned Addl.G.P. waives
service of notice for the respondent Nos. 1 and 2.

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 (ANIL S.KILOR,J) (SUNIL B. SHUKRE,J)

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RRaut..

Lila Wd/O Dashrath Chauhan and Another v. State of Maharashtra through Secretary, General Administration Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Lila Wd/O Dashrath Chauhan and Another v. State of Maharashtra through Secretary, General Administration Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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