Sachi Bhaskar Kadam v. Bharat Sanchar Nigam Ltd. Pune And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 397 OF 2019 Sachi Bhaskar Kadam ...

Petitioner V/s.

Bharat Sanchar Nigam Limited & anr.

...

Respondents Mr. Sagar A.Joshi for the petitioner.

CORAM :NARESH H. PATIL, C.J.

& N.M. JAMDAR, J.

30th January, 2019.

P.C.

The petitioner has challenged the order dated 16th February, 2007 passed by respondents no.2 rejecting the application of the petitioner for employment on compassionate ground in the respondent no.1 establishment.

2.

It is submitted that petitioner's father was serving as a Peon with respondent no.1. The petitioner's father expired in the year 2003, while in service. He was survived by wife, son and daughter. The Counsel for the petitioner submits that petitioner has made representations to the respondents for appointment on compassionate

2/2 24wp397 ground, but ultimately by an order dated 16th February, 2007, the respondents informed that the Committee, after verifying the record came to conclusion that petitioner's family was not found to be living in indigent condition and Committee decided to reject the request. This order of Committee passed 12 years back has now been challenged before us.

3.

We do not find any satisfactory explanation in petitioner's approaching this Court after the lapse of 12 years. Even otherwise, from the material placed before us, we are not satisfied to call upon the respondents to answer the petition. The impugned order is a speaking one. Respondents have taken into consideration the financial aspect, the family pension derived by mother and terminal benefits received by the family. The petitioner has managed to live life since last 12 years even after the rejection, which itself is an indicator that the petitioner is not in dire need of employment.

4.

Considering the scheme and object behind the compassionate fund and the delay occurred in this case, we are not inclined to exercise our writ jurisdiction and entertain this petition. The Writ Petition fails and is accordingly dismissed.

N.M. JAMDAR, J CHIEF JUSTICE L.S. Panjwani, P.S.