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2019 Supreme(SC) 919

A.M.SAPRE, INDU MALHOTRA
Yogesh Nagraoji Ugale – Appellant
Versus
State of Maharashtra through Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner(s):Satyajit A. Desai, Anagha S. Desai, Advocates
For the Respondent(s):S.m. Jadhav And Company, Nishant Ramakantrao Katneshwarkar, Advocates

JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The present Civil Appeal has been filed to challenge the final Judgment and Order dated 19.11.2014 passed in W.P. No. 3520 of 2014 by the Nagpur Bench of the Bombay High Court, whereby the Writ Petition was dismissed.

2. The background facts briefly stated are as under:

2.1. The father of the Appellant – Late Shri Nagraoji Ugale was working as a Peon (Class IV) with the School run by the Nagpur Pradesh Education Society. While he was in service, the father of the Appellant suddenly expired of a heart attack on 13.10.2012. Since the father of the Appellant was the only breadwinner in the family, the Appellant filed an Application for Compassionate appointment on 29.10.2012. This was followed up by further letters on 30.10.2012 and 31.10.2012.

2.2. Respondent No. 2 – the Education Officer vide letter dated 06.05.2013 called upon the Appellant for a hearing on 17.05.2013 to consider the application for appointment on Compassionate Grounds. Respondent Nos. 3 and 4 remained absent from the hearing on 17.05.2013, which was rescheduled for 31.05.2013.

The Respondent No. 2 – the Education Officer vide Order dated 31.05.2013 recorded that the Presiden

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