Shri Anil Ramesh Pawar v. Barshi Nagar Parishad Through The Chief Officer And ORS

pvr 1/2 13wp10347-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 10347 OF 2015 Shri Anil Ramesh Pawar

...Petitioner

Versus

1.Barshi Nagar Parishad Through The Chief Officer And Ors

...Respondents

Mr.Neel G. Helekar with Ms.Anu Kaladarsan, for the Petitioner. Ms.S.S.Bhende, AGP for Respondent No.3.

.....

CORAM :

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

DATE:

19th August,2016.

ORDER :

1.

We are inclined to dispose of the present Writ Petition as the Respondent No.1 though served, not responded to the notice for final disposal as ordered on 23 February 2016. Therefore, considering the averments made and as the prayer is only to direct the Respondents to consider the claim of the Petitioner on the post of the deceased workman on compassionate ground, we are inclined to grant the same as the Petitioner's entitlement, if any, cannot be denied merely on the ground of delay in the facts and circumstances of the case.

pvr 2/2 13wp10347-15.doc 2.

In the result, the Petition is allowed in terms of prayer clause (a) which reads thus:- "(a) Writ of mandamus or any other Writ, order or direction in the nature of writ of mandamus may kindly be issued directing the Respondents to consider the claim of the Petitioner on the post of the deceased workman on compassionate ground."

However, it should be considered in accordance with law. No costs.

(G.S.Kulkarni, J.) (Anoop V. Mohta, J.)