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Bombay High CourtWP/6043/2015disposed offdismissed for default

Bharat Shrirang Sangale v. State Of Maharashtra And Others

2017-08-23Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6043 OF 2015 BHARAT SHRIRANG SANGALE

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mundhe Subhash V.

AGP for Respondents: Mrs.A.V.Gondhalekar for R.1 & 2 Advocate for Respondents : Mr.S.D.Dhongade for R.3. ...

CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL,JJ.

DATE : 23/08/2017 PER COURT :- Mr.Mundhe, the learned counsel for the petitioner submits that the father of the petitioner died on 06/01/1995. At the relevant time he was in service with the respondents 3 and 4. The mother of the petitioner in the year 1997, applied for appointment on compassionate ground. The case of the mother was not considered. After the petitioner attained the age of majority and getting the heirship certificate, applied for appointment on compassionate ground in the year 2012. The same is rejected. The Tribunal, only on the ground that the approach of the petitioner, appears to be casual, has rejected the Original Application. In fact, on attaining the age of majority, immediately the applicant had approached the

-2authorities, seeking appointment on compassionate ground. It cannot be said to be delayed on the part of the petitioner. 2] Mr.Dhongade, the learned counsel for the respondent no.3 supports the order.

3] The father of the petitioner died in the year 1995. The purpose of appointment on compassionate ground, is to provide immediate succour to the family of the deceased, who has died in harness. The very purpose of appointment on compassionate ground would not survive after 22 years.

4] Considering the above, no case for interference is made out. Writ Petition is disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/