Shri. Chandrakant Shamrao Bhore vs The Asstt. Director Of Higher ...
2023 Latest Caselaw 3631 Bom

2023:BHC-AS:11183-DB

                                                                           66 wp10264-18.docx

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                                  WRIT PETITION NO.10264 OF 2018
    TRUSHA
    TUSHAR
    MOHITE
   Digitally signed by
   TRUSHA TUSHAR
   MOHITE
                                Shri Chandrakant Shamrao Bhore                ..... Petitioner
   Date: 2023.04.13
   19:36:47 +0530


                                         Vs.

                                The Asstt. Director of Higher
                                Education, Kolhapur Div. & Ors.               ..... Respondents


                                Mr. Siddharth Shitole i/b Mr.Ashutosh Kulkarni for the
                                Petitioner

                                Ms.Nisha M. Mehra, A.G.P. for the State / Respondent nos.1
                                to 3


                                                        CORAM:    S.V. GANGAPURWALA, ACJ &
                                                                  SANDEEP V. MARNE,J.

DATED : APRIL 12, 2023

P.C.

1 The Petitioner is the step son of the deceased Lilabai.

She died during service on 19.01.1999. The Petitioner

(step son) sought appointment on compassionate ground.

The said Application is rejected on 13.09.2006. The

Petitioner filed Writ Petition before this court in the year

2014. This court directed the Petitioner to avail alternate

remedy. The Petitioner thereafter filed original Application

along with application for condonation of delay before the

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Maharashtra Administrative Tribunal. The Tribunal

rejected the Application for condonation of delay.

Aggrieved thereby the present petition.

2 The learned Counsel for the Petitioner submits that

the Petitioner is an illiterate person. He was making

representations with the Department. As such, was late in

filing the legal proceedings. The learned counsel submits

that if the step son is dependent upon the step mother, then,

there is no impediment to consider the Application of the

step son for appointment on compassionate ground. The

ground rejecting the Application of the Petitioner is

erroneous. The Tribunal ought to have considered the

Application for condonation of delay sympathetically.

3 It is true that the courts are liberal in considering the

Application for condonation of delay. The delay in the

present case for taking up legal proceedings is eight years.

4 The appointment on compassionate ground is to

remove the hardship that would be caused to the family on

account of death of the bread earner. It is almost 25 years

the step mother of the Petitioner had died. The Petitioner

is responsible for the delay of eight years in taking up legal

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proceedings. Moreoever, the Petitioner has also crossed

the upper age limit for appointment.

5 The learned counsel for the Petitioner relies on the

judgment of the Division Bench of this court in the case of

Union of India and Anr. vs. V. R. Tripathi 1 and submits that

the children of the second wife are entitled for appointment

on compassionate ground. The same is not a subject matter

of issue in the present petition.

6 For all the aforesaid reasons, no relief can be granted

to the Petitioner .

7 Writ Petition as such is disposed of. No costs.

       (SANDEEP V. MARNE, J.)               (ACTING CHIEF JUSTICE)




       1   (2016) SCC OnLine Bom 3951

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