Satish Balasaheb Gaikwad v. the State of Maharashtra and Others
Case brief
What is this about?
Petitioner sought compassionate appointment. Court noted 21-year delay from father's death expressed disinclination but directed respondents to consider proposal within 6 months without expressing view on legality or merits.
What did the court decide?
Direction to respondents to consider the petitioner's application for compassionate appointment within six months.
What the court decided
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.7170 OF 2018
SATISH BALASAHEB GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.R.R.Karpe, Advocate for the petitioner.
Mr.S.B.Yawalkar, AGP for State.
DATE : DECEMBER 16, 2021
PER COURT:
1.By this petition, the petitioner has put forth prayer clause B & C,
which read as under :-
"B. Issue writ of certiorari or any other appropriate writ in the like
nature, thereby kindly quash and set aside the impugned
communication dated 06/05/2017 issued by the respondent No.2 -
Superintendent, Nashik as well as earlier communication dated
21.02.2009 issued by the respondent No.4 - Executive Engineer,
Sangamner to the respondent No.3.
C. Issue writ of mandamus or any other appropriate writ in the like
nature, thereby kindly direct the respondent authorities to consider the
application / proposal dated 07.02.2009 of the petitioner for
appointment on compassionate ground and consequentially the
Issues for consideration
3 issues framed by the court
Whether compassionate appointment can be granted after a delay of over 21 years from the death of the breadwinner.
Whether the Department can condone the delay based on a Government Resolution allowing a maximum of 2 years.
Whether the petition for compassionate appointment can be disposed of by directing the authorities to consider the proposal within 6 months.
Parties & counsel
- petitioner
SATISH BALASAHEB GAIKWAD
- respondent
THE STATE OF MAHARASHTRA
- respondent
SUPERINTENDENT, NASHIK
- respondent
EXECUTIVE ENGINEER, SANGAMNER
- respondent
SUB DIVISIONAL ENGINEER, IRRIGATION DEPARTMENT, SHRIRAMPUR
Case details
As recorded by the court registry
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