Bombay High CourtWP/705/2016dispossed offdismiss for default

Sou. Neelu W/O. Praful Jamgade (Neelu D/O. Dinanath Patil) v. The City Of Nagpur Corporation, Nagpur, Through Municipal Commissioner

2016-10-19Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande1 pages

wp705.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.705/2016 Sau. Neetu w/o Praful Jamgade ..vs.. The city of Nagpur Corporation, through its Municipal Commissioner, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. K. S. Malokare, Advocate for petitioner.

Mrs. S. S. Jachak, Advocate for respondent.

CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ.

DATE : OCTOBER 19, 2016 The petitioner has approached this Court seeking a direction to the respondent to appoint her on compassionate ground. Petitioner is the only daughter of her deceased father. The mother of the petitioner is receiving family pension at the rate of Rs.10,287/- per month.

The petitioner is already married to her husband, who is working as an Assistant Teacher in a School.

The Apex Court in case of MGP Gramin Bank vs. Chakrawarti Singh, MANU/SC/0792 2013, has held that the appointment on compassionate ground is not a matter of right. The claim has to be considered after taking into consideration the attending circumstances.

When the petitioner's mother is receiving family pension and when the petitioner is residing with her husband who is gainfully employed as an Assistant teacher, it cannot be said that the petitioner is suffering from any hardship requiring appointment on compassionate ground. No case is made out for interference under Article 226 of the Constitution of India. The petition is, therefore, rejected. No order as to costs.

JUDGE JUDGE kahale