Bombay High CourtWP/2598/2014dismissedrule discharged

Nagorao S/O Pandurang Kumare v. State Of Maharashtra, Throughits Secretary, Department Of Rural Development, Mumbai And Another

2016-01-19Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1901wp2598.14.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2598 OF 2014 (Nagorao Pandurang Kumare Vs. State of Maharashtra & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. P. Kariya, Advocate for the petitioner. A.G.P. for respondent No.1.

Shri Ghurde, Advocate for respondent No.2.

CORAM : B. R. GAVAI AND P. N. DESHMUKH, JJ.

DATED : 19 JANUARY, 2016 The petitioner is claiming compassionate appointment on the ground of death of his adoptive father. The claim is on the basis of a will allegedly executed by deceased Pandurang in the year 1987. The deceased has died on 04/9/1987 whereas registration of the will deed is dated 02/12/1987.

It is the contention of respondent-Zilla Parishad that the will deed itself is suspicious and as such on a suspicious document, the claim of the petitioner cannot be considered.

In any case, by now, the law is settled in catena of judgments of the Apex Court that the compassionate appointment is to be granted in

1901wp2598.14.odt 2/2 order to meet the hardship which the family suffers on account of sudden death of the employee.

In the present case, almost a period of thirty years has elapsed from the death of the alleged adoptive father of the petitioner and by no stretch of imagination it could be said that the hardship, which arose in the year 1987, continuously continued till date. In that view of the matter, we find no merit in the case.

Writ petition stands dismissed.

JUDGE JUDGE wwl