Shaikh Mohammed Jafar Burhansahab v. The State Of Maharshtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 WRIT PETITION NO. 1754 OF 2015 SHAIKH MOHAMMED JAFAR BURHANSAHAB

VERSUS

THE STATE OF MAHARSHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Choudhary M.S Mr. KN Lokhande, AGP for Respondents: 1 to 3; Mr. VD Gunale, Adv. For Resp.Nos. 4 to 6.

...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: November 23, 2015 ...

PER COURT :- 1) Heard. Perused the pleadings in the petition; grounds raised therein; annexures thereto and the Government Resolution placed on record by the petitioner. Apart from the fact that, copy of the application praying therein for appointment on compassionate ground is not placed on record and there is delay in filing the writ petition. 2) The counsel appearing for the petitioner has not invited our attention to any specific provision from the Government Resolutions, placed on record, which enable the petitioner, i.e. brother of the deceased, to apply for appointment on compassionate ground. In that view of the matter, we do not see any reason to entertain this petition.

2) So far as prayer of the petitioner to cause an enquiry in respect of appointment of Respondent No.6 is concerned, in our opinion, the said prayer is made belatedly i.e. after ten years from appointment of Respondent No.6 and, therefore, such prayer also cannot be considered for the reasons as aforesaid.

3) The petition sans merit hence rejected.

( P.R. BORA, J. ) ( S.S. SHINDE, J. ) BDV