IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD.
WRIT PETITION NO. 272/2009

DISTRICT: NANDED

In the matter of Article 226 of the

Constitution of India.
AND
In the matter of non action/inaction on
the part of respondents No. 2 & 3 in
considering the claim of petitioner for
compassionate appointment, who has
applied and eligible candidate in his
family to get compassionate
appointment with the respondent
authorities.

Ashok S/O Namdeorao Bhandare

Age 41 Yrs, Occupation Nil,
R/o Bahaddarpura, Taluka Kandhar, District Nanded.
……………. Petitioner.
 VERSUS

1. The State of Maharashtra

Through it’s Secretary
Rural Development Department,
Mantralaya, Mumbai.

2. The Chief Executive Officer,

Zilha Parishad, Nanded.

3. The Block Development Officer,

Panchayat Samiti Loha,
Tal Loha, District Nanded.
……………………… Respondents.

TO,
THE HONOURABLE CHIEF JUSTICE AND
OTHER PUISNE JUDGES OF THE HIGH
COURT OF JUDICATURE OF BOMBAY,
BENCH AT AURANGABAD.

HUMBLE PETITION OF THE

PETITIONER ABOVENAMED
MOST RESPECTFULLAY SHOWETH.

1. The petitioner states that, he is a citizen of India and permanent

resident of Bahaddarpura, Taluka Kandhar, District Nanded. Being a
citizen of India, the petitioner enjoys all fundamental rights and
guarantees enshrined under the Constitution of India.

2. The petitioner submits that, by way of this Writ Petition, the

petitioner is seeking the directions against the respondent authorities
to consider his claim of compassionate appointment as he is the only
son of his deceased father, who was serving with respondents. The
petitioner had applied to get compassionate appointment within the
prescribed time.
 The respondents are not considering the claim of petitioner only
for the technical reason that, the relatives of petitioner i.e. step
mother and step brother who are in fact not eligible and did not apply
for the compassionate appointment, are not ready to give consent to
the petitioner for getting the compassionate appointment.

3. The petitioner states that, respondent No. 1 is the State of

Maharashtra represented through its concerned department, where
as respondent No. 2 is the Chief Executive Officer, Zilha Parishad
Nanded under whom the deceased father of petitioner was working
till his death and is the authority to consider the claim of petitioner.
The respondent No. 3 is the Block Development Officer, Panchayat
Samiti Loha under whom the father of petitioner was serving as peon
and in the present case who is required to forward the petitioners
claim to the respondent No. 2. The petitioner is having grievance
against the above referred respondents therefore, they are made
party to this Writ Petition, they being amenable to the Writ Jurisdiction
of this Honourable Court. The petitioner is seeking appropriate order
or directions from this Honourable Court in the following set of facts
and circumstances.

4. The father of petitioner namely late, Namdeo Vyankoba

Bhandare was serving as Peon in Panchayat Samiti Loha, District
Nanded. He had two sons namely Bhagwan and the petitioner form
deceased wife sayabai and one Prakash and Ku. Bebibai from the
another wife namely Padminbai. The father of petitioner died on 14-5-
2002 while he was in service as Peon in Panchayat Samiti Loha,
district Nanded.

5. The petitioner submits that, the father of petitioner was the only
earning member in the family who came to be died, therefore the
petitioner has immediately applied with all the necessary documents
on 20-7-2002 for getting compassionate appointment with the office
of respondents. The copy of application was also given to Deputy
Chief Executive Officer and the Chairman of Zilha Parishad Nanded.
The copy of application dated 20-7-2002 and the copies of all
necessary documents are annexed herewith and marked as Exhibit
A collectively.

6. The petitioner respectfully submits that, as he was not having

the copy of Service Book and the copy of Salary Certificate of his
deceased father, he applied for those copies with respondent No. 2
by letter dated 7-8-2002, for the purpose to submit the same with the
office of respondents. The copy of letter dated 7-8-2002 is annexed at
Exhibit B.

7. The petitioner submits that, as there was acute need of service

in the family and family of petitioner was facing starvation therefore,
he again applied to respondent No. 2 for getting the compassionate
appointment by letter dated 31-8-2002. Again the copy of the
application is given to respondent No. 3 for the purpose that, the
respondent No. 3 should forward the application in the prescribed
form with the respondent No. 2. The copy of representation dated 31-
8-2008 is annexed at Exhibit C.

8. The petitioner submits that, by letter dated 11-12-2002 the

deputy Chief Executive Officer Zilha Parishad, Nanded asked the
respondent No. 3 to forward the application of petitioner in prescribed
format along with all the necessary documents submitted by the
petitioner. The documents sought to be submitted by the Respondent
No. 2 from respondent No. 3 were already submitted by the petitioner
with the office of respondents No. 2 &3. The copy of letter dated 11-
12-2002 is annexed at Exhibit D.

9. The petitioner submits that, as the heir ship certificate had to

be submitted, the petitioner by letter dated 24-2-2002, informed to the
Respondent No. 3 that, the dispute regarding the heirship is pending
in the court for adjudication, and as soon as the adjudication takes
place, the petitioner will submit the heirship certificate to the
Respondent authorities. The copy of letter dated 24-2-2002 is
annexed at Exhibit E.
10. The petitioner submits that, as per the directions by respondent
NO. 2 to submit the remaining documents with the office, the
petitioner has on 16-4-2005 & 10-11-2005, submitted all the
remaining documents except the heirship certificate, which was to be
decided by the court of law, and requested for some time to submit
the heirship certificate. The copy of letter dated 16-4-2005 is annexed
at Exhibit F.

11. The petitioner has received the heirship certificate from the
court therefore he has filed the certificate with the respondents by
letter dated 22-11 2006. By this letter the petitioner further stated that,
the Honourable court has declared the petitioner as one of the heir of
his deceased father. The copy of letter dated 22-11-2006 is annexed
with this petition at Exhibit G.

12. The petitioner submits that, though all the required documents/
certificates filed by the petitioner for the claim of compassionate
appointment, again by letter dated 21-1-2008 the Deputy Chief
Executive Officer, Zilha Parishad Nanded directed to the Respondent
No. 3 and the petitioner , to submit the application in prescribed form,
the conduct certificate, the consent affidavit of relatives on stamp
paper. Here the petitioner respectfully submits that, already all the
documents have been submitted by the petitioner except the consent
letter from the relatives. Pursuant to the aforesaid letter, the petitioner
vide letter dated 3-3-2008 informed that, the consent of the relatives
is not filed since his relatives are not ready to give the same though
they are not claiming and entitled to claim appointment on
compassionate basis. As far as the other certificates are concerned,
the conduct certificate is submitted in the month of January 2003 and
again in the year 2007, the application in prescribed form was filed in
the year 2003 itself, the copies of the certificates are annexed at
Exhibit H Collectively.

13. The petitioner submits that, despite the submission of all the
necessary documents the respondents are not considering the claim
of petitioner for appointment on compassionate basis, which is highly
illegal and improper.

14. The petitioner submits that, in view of the above facts,

circumstances and submissions, he is approached this Honourable
court for seeking the appropriate Writ, order or directions against the
respondents.

15. The petitioner further states that, after the death of his father,
he is struggling for survival. Moreover petitioner is unemployed
therefore facing great difficulties to survive.

16. The petitioner says and submits that, the respondents are not
taking proper steps to consider the claim of petitioner on merit.
Therefore, appropriate order needs to be passed to the respondents
in the interest of justice.

17. The petitioner respectfully submits that, in view of above facts,

circumstances and submissions, it can be seen that, the injustice is
caused to the petitioner and the petitioner had no other option than to
knock the doors of this Honourable Court for getting justice.
Therefore, interference from this Hon’ble Court in exercise of its extra
ordinary jurisdiction is called for in the interest of justice.

18. The petitioner submits that, there is no other efficacious and

proper remedy available to the petitioner except this Writ Petition.
19. The petitioner craves leave to add, amend, alter and modify any
of the grounds of this writ petition with the prior permission of this
Honourable Court.

20. That, other points will be advanced at the time final Hearing.

21. That, the petitioner has not filed any other appeal, application or
Writ Petition before any court touching the subject matter of this writ
petition except this Writ Petition.
22. The petitioner has not received any notice of caveat from the
respondent till today.

THE PETITIONER THEREFORE PRAYS THAT,

A) This Writ Petition may kindly be allowed.

B) By issuing appropriate Writ, order or directions, the

Respondents be directed to consider the claim of
petitioner for appointment on class IV post on the
basis of compassionate appointment. Consequently
the petitioner be appointed on compassionate basis
and for that purpose necessary directions be
issued.
C) Pending admission, hearing and final disposal of
this Writ Petition, the respondents be directed to
issue appointment to the petitioner on
compassionate basis provisionally and for that
purpose necessary directions be issued.

D) Any other relief to which the petitioner is found

entitled in the facts and circumstance of the present
case, may kindly be granted in favour of the
petitioner.

AND FOR THIS ACT OF JUSTICE AND

KINDNESS THE PETITIONER SHALL
EVER DUTY BOUND TO PARAY.

Date: 2-12-2008 Suntosh B Pulkundwar

Place: Aurangabad Advocate for the Petitioner.
 VERIFICATION
I Bhagwan S/O Namdeorao Bhandare, Age 41 Yrs, Occupation Nil,
R/o Bahaddarpura, Taluka Kandhar, District Nanded do hereby state
of solemn affirmation that, the contents of this Writ Petition from
paragraph No.1 to 22 are true and correct to the best of my
knowledge.
Hence, verified on this 2nd day of December 2008 at
Aurangabad.

Identified Deponent
and Explained by me
Bhagwan S/O Namdeorao Bhandare
 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. / 2008

DISTRICT: NANDED
Bhagwan s/o Namdeorao Bhandare
…………... PETITIONER
VERSUS

State of Maharashtra & others ..…… RESPONDENTS

INDEX

Sr. Particulars of the Documents Exhibit Page.

1 Copy of petition Memo 1- 8
2 List of Documents 9-9
3 The copy application dt. 20-7-2002
with necessary documents. A Colly
4 The copy of letter dt.7-8-2002. B
5 The copy representation dt. 31-8-2002. C
6 The copy of letter Dt. 11-12-2002. D
7 The copy of letter Dt. 24-2-2003 E
8 The copy of letters Dt. 16-4-05 &10-11-05 F
9 The copy of letter Dt. 22-11-2006
along with heirship copy of certificate. G
10 Copies of Certificates & application in
prescribed format. H Colly
Last Page.

PLACE: AURANGABAD (Suntosh B Pulkundwar)

DATE: -12-2008 Advocate for the Petitioner.
 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. / 2008

DISTRICT: NANDED
Bhagwan s/o Namdeorao Bhandare
…………... PETITIONER
VERSUS

State of Maharashtra & others ..…… RESPONDENTS

List of documents

Sr. Particulars of the Documents Exhibit Page.

1 The copy application dt. 20-7-2002

with necessary documents. A Colly
2 The copy of letter dt.7-8-2002. B
3 The copy representation dt. 31-8-2002. C
4 The copy of letter Dt. 11-12-2002. D
5 The copy of letter Dt. 24-2-2003 E
6 The copy of letters Dt. 16-4-05 &10-11-05 F
7 The copy of letter Dt. 22-11-2006
along with heirship copy of certificate. G
8 Copies of Certificates & application in
prescribed format. H Colly
Last Page.

PLACE: AURANGABAD (Suntosh B Pulkundwar)

DATE: -12-2008 Advocate for the Petitioner.
 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. / 2008

DISTRICT: NANDED
Bhagwan s/o Namdeorao Bhandare
…………... PETITIONER
VERSUS

State of Maharashtra & others ..…… RESPONDENTS

SYNOPSIS:-

SrNo. Date PARTICULARS OF EVENTS Exhibit

By way of this Writ Petition, the petitioner is

seeking the directions against the respondent
authorities to consider his claim of compassionate
appointment as he is the only son of his deceased
father, who was serving with respondents. The
petitioner had applied to get compassionate
appointment within the prescribed time.
The respondents are not considering the claim
of petitioner only for the technical reason that, the
relatives of petitioner i.e. step mother and step
brother who are in fact not eligible and did not apply
for the compassionate appointment, are not ready
to give consent to the petitioner for getting the
compassionate appointment.

2 Petitioner’s father is died in the year 2002 while

he was in service as Peon in Panchayat Samiti
Loha, Taluka Loha, District Nanded. The
respondent No. 1 Chief Executive Officer, Zilha
Parishad Nanded is the appointing authority of his
father.
3 The petitioner made application to the Respondent
authority on 20-7-2007 along with all necessary
documents for appointment on compassionate
basis. His application is made within prescribed
time.

4 The petitioner filed all the documents which were

asked by the respondent to submit, except the
consent letter from his relatives for claim of
compassionate appointment to petitioner. The
petitioner’s step mother and brothers are not ready
to give consent to the petitioner only to harass the
petitioner. Neither the brothers have applied nor
they are qualified, age of one brother is barred for
obtaining the government service.

5 The petitioner is the only person in his family who

has made application for compassionate
appointment and other brothers and step mother
who did not applied and not interested in getting the
service nor they are eligible now. Despite this fact
the respondent authorities are not considering the
petitioners claim for the compassionate
appointment.
6 The petitioner is unemployed therefore facing great
difficulties to survive. The respondents are not
taking proper steps to consider the claim of
petitioner on merit. In view of above facts,
circumstances and submissions, it can be seen that,
the injustice is caused to the petitioner and the
petitioner had no other option than to knock the
doors of this Honourable Court for getting justice.
7 Therefore, by way of this Writ Petition interference
 from this Hon’ble Court in exercise of its extra
ordinary jurisdiction is called for in the interest of
justice.

POINTS TO BE ARGUED:
1. Whether the inaction on the part of respondents No.
2&3 by taking any steps in considering the claim of
petitioner for appointment on compassionate basis is
proper in the specific case of petitioner where he has
submitted all necessary documents/certificates and
applied within prescribed time?

ACTS & RULES TO BE REFERRED:

1. The Constitution of India.
CITATIONS:
Case law will be cited at the time of hearing.

Date: - 12 -2008 Santosh B Pulkundwar

Place: Aurangabad Advocate for Petitioner