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Bombay High CourtWP/9175/2014disposed off

Rahul Suresh More v. Union Of India Through Secretary Of Ministry Of Defence And ORS.

2016-06-13Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Anoop V. Mohta2 pages

PVR 1/2 41wp9175-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 9175 OF 2014 Rahul Suresh More

...Petitioner

Versus

1.Union Of India Through Secretary Of Ministry Of Defence And Ors.

...Respondents

Mr.Nikhilesh Pote, for the Petitioner.

Ms.S.V.Bharucha with Mr.D.N.Salvi, for Respondent nos.1 to 3. -------

CORAM

:

ANOOP V. MOHTA & G.S.KULKARNI, JJ.

DATE :

13th JUNE,2016 --- P.C.:- 1.

Heard finally by consent. We are inclined to dispose of the present Writ Petition by directing the Respondent Nos.2 / 3 (the concerned Officer/Department) to adjudicate the application for appointment on compassionate ground filed by the Petitioner, as same is pending since 19th December,2013. We are inclined to observe that the earlier decision was without sufficient reason whereby the Petitioner's sister's claim has not been considered by communication dated 10th

PVR 2/2 41wp9175-14.odt June,2013. Therefore, taking into consideration the averments made and the last application so filed, we are inclined to observe that the concerned department/Officer to take decision on the application filed by the Petitioner for appointment on compassionate ground uninfluenced by the earlier order/communication dated 10th June,2013 which is admittedly passed on the application filed by the Petitioner's sister, and not the Petitioner. The concerned Authority should be mindful of the fact that the issue before him is of compassionate appointment concerning the very livelihood of a family and thus such application is required to be decided with appropriate sensitivity and expeditiously and as per the requirement of law. 2.

The Petitioner is permitted to file additional application/ documents in support of his application within two weeks from today. 3.

The Petitioner's Application be decided as early as possible preferably within six weeks thereafter.

4.

The Writ Petition is accordingly disposed of with liberty. (G.S.KULKARNI, J.) (ANOOP V.MOHTA, J.)