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2008 Supreme(SC) 502

S.B.SINHA, V.S.SIRPURKAR
MUMTAZ YUNUS MULANI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT

S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) WHETHER compassionate appointment of the appellant is warranted in the facts and circumstances of this case is the question involved herein.

( 3 ) APPELLANT is the widow of one Yunus Dastagir Mulani. He was a peon witking in the respondent, a vocational institution. It is a public charitable trust. Appellant's husband expired on 6. 9. 1996. She filed an application for appointment on compassionate ground. As no response thereto was received, she made representations.

( 4 ) SECOND Respondent, however, declined to give any appointment on compassionate ground to the appellant. She filed a writ petition before the high Court. By reason of the impugned judgment the said petition has been dismissed.

( 5 ) MR. Makarand D. Adkar, learned counsel appearing on behalf of the appellant, would submit that the reason for depriving the appellant of the right to be appointed on compassionate ground, being payment of family pension, the impugned judgment cannot be sustained. It was contended that the appellant has a large family to maintain which includes her two grown up children. The family pension received by her being only Rs. 1,100/- per month,

























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