Vivek, S/o. Prakash Garge vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 1658

RAVINDRA V. GHUGE, ARUN R. PEDNEKER
Vivek, S/o. Prakash Garge – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
For the Petitioner: Mr. L.V. Sangit.
For the Respondent: Mr. P.S. Patil, Mr. C.K. Shinde.

JUDGMENT :

(Ravindra V. Ghuge, J.)

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner has put forth prayer clause A & B as under :-

"A. For a writ of certiorari order or direction in the nature of certiorari, calling for the record and proceedings of impugned communication dated 07.06.2022 issued by respondent No.3 (Exhibit C) may kindly be called and after examining the legality, validity and propriety thereof, the impugned communication dated 07.06.2022 issued by respondent No.3 (Exhibit C) may kindly be quashed and set aside by allowing the application in toto.

B. Clause-7(a) and Clause 10 of the Bombay High Court Revised Guidelines for appointment on compassionate ground, 2007 may kindly be declared violative of Article 14 of the Constitution of India."

The petitioner does not press prayer clause 'B'.

3. Having considered the strenuous submissions of the learned Advocates for the respective sides on 13.09.2022, 16.09.2022, 03.10.2022 and today, we find that certain dates and events need mention as under :-

[a] The petitioner's father Prakash was in service at the Yawal Court as a Bailiff.

[b] He was a permanent employee.

[c] He d