Mr. Mohammed Shafi Mohiyoddin Balorgi v. The State Of Maharashtra And ORS.

JOHNSON GONSALVES Date: 2022.01.14 16:57:57 +0530 SMITA JOHNSON GONSALVES sg 1/2 3.wp9416-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9416 OF 2019 Mr. Mohammed Shafi Mohiyoddin Balorgi ..

Petitioner v/s.

The State of Maharashtra & Ors.

..

Respondents ....

Mr. Deendayal G. Dhanure, for the Petitioner. Smt. S.S. Bhende, AGP, for State.

....

CORAM: NITIN JAMDAR & AMIT B. BORKAR JJ.

DATE : 13 JANUARY 2022.

(Through Video Conferencing) P.C:- Though the Petitioner seeks an innocuous relief of disposal of representation dated 17 May 2018, which is, according to the Petitioner, is not yet decided, such relief cannot be straightaway granted without looking at the facts and circumstances. 2.

The Petitioner is desirous of being appointed on compassionate basis in view of the fact that his father, working with the Respondents, expired in service. The Petitioner's father expired on 8 October 2007. It is now year 2022. By asking a direction that

sg 2/2 3.wp9416-19.doc representation to be decided, the Petitioner is seeking to get over the obvious question of delay that would arise, more particularly, considering the nature of the appointment sought. It is now settled that compassionate appointments are given to enable the bereaved family to bear the sudden loss of a breadwinner. Time is of essence in such appointment. Considering this position, we are not inclined to grant relief as prayed for. Writ petition is accordingly rejected. (AMIT B. BORKAR J.) (NITIN JAMDAR, J.)