Hemraj Ramkriushna Nikam v. The Union Of India And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 WRIT PETITION NO. 6972 OF 2016 HEMRAJ RAMKRIUSHNA NIKAM

VERSUS

THE UNION OF INDIA AND ANOTHER ...

Advocate for Petitioner : Mr. Bhavthankar Vivek Vasantrao AGP for Respondents nos. 1 and 2 : Mr. Deshpande Sanjeev B.

---- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : JUNE 7, 2018 O R D E R :

The petitioner seeks appointment on compassionate ground. The affidavit is filed by the respondent. Para 6 of the affidavit reads thus : - "6. In reply to contents of para no.7, I deny that, the petitioner's mother cannot be given compassionate appointment as she has crossed 40 years of age. I say that, the proposal of petitioner's mother is under active consideration of CGMT. As per the scheme, wife of deceased employee is preferred for compassionate appointment.

Unless and until wife of deceased forgoes her claim on the ground of old age or medical unfitness supported by

wp6972.16 documentary proof issued by competent authority. Any other heir cannot be considered for compassionate appointment. I therefore, say and submit that, the petitioner cannot apply for compassionate appointment till his mother forgoes claim. I, therefore, say and submit that, there is no substance in petitioner's contention to consider him for compassionate appointment. "

2.

It appears that the claim of the mother of the petitioner is not rejected as yet, but is still under active consideration of the respondent. It is further stated in the affidavit that unless and until the mother forgoes the claim, the petitioner cannot apply for compassionate ground. As on today, the claim of the mother for appointment on compassionate ground is under active consideration of the respondent as stated in the affidavit-in-reply. It is for the respondent to take decision upon it. It appears that same is pending since long time. The respondents may decide the same expeditiously. It is for the petitioner to take further steps if he wants to claim appointment on compassionate ground in tune

wp6972.16 with the affidavit filed by the respondent.

3.

Writ Petition is accordingly disposed of. No costs.

[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm