Snehal Bhupal Adate And Ashok Dharma Shejale v. Muncipal Corporation Of Greater Mumbai And 3 Others

905-WP.2153.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2153 OF 2016 Ms. Snehal Bhupal Adate } and Anr.

} Petitioners versus Municipal Corporation of } Greater Mumbai and Ors.

} Respondents Mr. Nitin Vhatkar with Mr. Arun D.

Nagarjun i/b. M/s. Gautam Sunder Hiranandani for the petitioner.

Mr.H.C.Pimple for respondent nos.1 to 4.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- FEBRUARY 3, 2017 P.C. :- 1.

The petitioners desire to obtain the amounts lying in the Public Provident Fund Account (PPF) of the deceased and as stated in prayer clause (a). By prayer clause (b), the petitioners desire an appointment on compassionate ground in the services of the Municipal Corporation of Greater Mumbai. 2.

After the writ petition was argued for some time, it is stated, on instructions, by the petitioners' advocate that the petitioners would indemnify the Municipal Corporation against all claims of other relatives and claimants of the deceased. On such J.V.Salunke,PA

905-WP.2153.2016.doc an indemnity being furnished and an undertaking to the effect that the Municipal Corporation will not be held liable if any claims are lodged by such claimants/dependents of the deceased, the Municipal Corporation shall release the Provident Fund as claimed in prayer clause (a) within a period of two weeks from the date of furnishing of the indemnity bond. 3.

It is common ground that we do not appoint anybody, much less on compassionate ground. If it is requested that petitioner no. 1 should be appointed on such basis, it is for the petitioners to pursue that request. The deceased is stated to have expired in August, 2013. If in terms of any existing policy or rules and regulations of the Municipal Corporation, any such appointment can be obtained, the representation in that behalf shall be duly considered by the competent authority and a decision of the Municipal Corporation shall be communicated to the petitioners as expeditiously as possible and within a period of four weeks from the date of receipt of a copy of this order. 4.

The writ petition is disposed of accordingly. (B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA