Smt. Kusum Madhukar Suroshe v. The State Of Maharashtra, Through Dept Of School Education And ORS

5-WP.6382.2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6382 OF 2014 WITH CIVIL APPLICATION NO. 1609 OF 2016 Smt.Kusum Madhukar Suroshe } Petitioner versus The State of Maharashtra } and Ors.

} Respondents Ms.Siddhi S. Bhosale I/b. Ms.Chaitanya Pendse for the petitioner.

Mr.S.S.Panchpor-AGP for respondent nos.

1 to 3.

Mr.A.A.Garge for respondent no.4.

CORAM :- S. C. DHARMADHIKARI & M. S. KARNIK, JJ.

DATE :- FEBRUARY 25, 2019 P.C. :- 1.

Having heard both sides and finding that the request for appointing the petitioner on compassionate basis was made belatedly and after somebody else was accommodated in the vacant post, we do not think that we should entertain the petition. Anybody who wants to be appointed on compassionate ground must move promptly and expeditiously for if the bread winner has expired and there is an imminent financial crisis, then, nobody can wait, as in this case, for nearly eight years. J.V.Salunke,P.S.

5-WP.6382.2014.doc Thereafter, somebody else being appointed on that post and his appointment being approved is an additional ground now not to entertain this writ petition. The intervention of the Education Officer was sought, but his direction to absorb or appoint the petitioner is of May, 2007. The writ petition is brought in this court in April, 2014. Such a writ petition deserves to be dismissed, as rightly urged, only on the ground of delay and laches. It is accordingly dismissed. There would be no order as to costs.

2.

In the light of the dismissal of the writ petition, the civil application does not survive and stands disposed of as such. (M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,P.S.