Mr. Sanjay Gajanan Patil v. The State Of Maharashtra Through The Chief Secretary To The Government Of Maharashtra And ORS

22. wp 7592-16.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7592 OF 2016 Sanjay Gajanan Patil ..Petitioner vs.

The State of Maharashtra & ors.

..Respondents ...........

Mr. Vijay Gharat for petitioner.

Ms. Rupali Shinde, AGP for respondent No.1.

...........

CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.

DATE : 7 FEBRUARY 2020 P.C.:- It is the case of the Petitioner that the Petitioner's father was missing with effect from 5 May 1989 and complaint thereto was lodged with the authority. Proceeding on the basis that the Petitioner's father was declared as civil dead an application was made by the Petitioner for appointment on compassionate basis which came to be rejected on 3 April 2007. Thereafter, the Writ Petition has been filed in the year 2015.

2.

It is the contention of the Petitioner that the Petitioner, who is working on contract basis, should be absorbed in services on compassionate basis. No such policy is shown to us. Apart from 1/2

22. wp 7592-16.doc this position, the object of granting compassionate appointment to be kept in mind, the exception to the general rule of recruitment is made in case of compassionate appointment to help the family of the employee to tide over sudden crisis. In the present case, the application was rejected in the year 2007 when the father went missing in 1989. Considering the time gap that is taken place and that no policy is placed on record, the Writ Petition cannot be entertained. The Writ Petition is, accordingly, disposed of. (M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitally signed by Diksha Rane Date:

2020.02.12 13:29:19 +0530 Diksha Rane 2/2