Union Of India And Ors vs Anandkumar Revashankar Devda
2023 Latest Caselaw 10417 Bom

                      skn                                       1                    212-WP-9001.2007.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            APPELLATE SIDE

                                        WRIT PETITION NO. 9001 OF 2007

                      Union of India and others.                              ...        Petitioners.
                           V/s.
                      Anandkumar Revashankar Devda.                           ...        Respondent.



                      Mr.Rui Rodrigues with Mr.P.Khosla for the Petitioners.
                      None for the Respondent.

SANJAY
KASHINATH
NANOSKAR                             CORAM :          NITIN JAMDAR, AND
Digitally signed by                                   MANJUSHA DESHPANDE, JJ.

SANJAY KASHINATH NANOSKAR Date: 2023.10.10 16:04:53 +0530 DATE : 4 October 2023.

P.C. :

The learned counsel for the Petitioners submits that there was an interim order operating in this petition under which the direction issued by the Central Administrative Tribunal to appoint the Respondent on compassionate basis was stayed. Learned counsel states the Respondent's mother, employee expired on 29 November 1983 during child birth and the Respondent had applied for appointment on compassionate basis on 20 May 2002 as her heir. He was about 22 years old then. He states that the Respondent must have reached the age of 40 years. Learned counsel states that from 29 November 1983, the Respondent has managed to carry on his livelihood for last 40 years. Learned counsel for the

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Petitioners states that the appointment of Respondent on compassionate basis would completely nullify the object of the Scheme and relies on the recent judgment of the Supreme Court in the case of State of West Bengal v. Debabrata Tiwari and others1.

2. Since the Respondent is not represented as we are informed that the advocate appearing for the Respondent is no more, issue notice to the Respondent, returnable on 28 November 2023.

      (MANJUSHA DESHPANDE, J.)                (NITIN JAMDAR, J.)




1    2023 SCC OnLine SC 219