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S. V. GANGAPURWALA, SANDEEP V. MARNE
State Of Maharashtra – Appellant
Versus
Rehana Akbar Shaikh – Respondent
JUDGMENT
Sandeep V. Marne, J. - Rule. Rule made returnable forthwith. With consent of both the sides, the petition is taken up for fnal hearing.
2. The State of Maharashtra has fled the present Petition challenging judgment and order dated 9th May 2019 passed by the Maharashtra Administrative Tribunal, Mumbai ('Tribunal') partly allowing Original Application No.1091 of 2017 fled by Respondents seeking compassionate appointment. The Tribunal has directed consideration of Respondents' case for compassionate appointment.
3. Brief facts leading to fling of present Petition are that the husband of Respondent No.1 and father of Respondent No.2, Akbar Shaikh was working as Police Constable who died in harness on 5th July 2000. On 24th December 2004, an application was made for grant of compassionate appointment in favour of Smt. Sherifa, the eldest daughter of late Akbar Shaikh. Letter dated 8th November 2010 was issued to Sherifa calling her upon to remain present with original documents as few posts of junior clerks were proposed to be flled. Smt. Sherifa, however, did not act on the requisition and instead the mother made an application dated 6th December 2010 informing Petitioner that Sm
Compassionate appointment should be provided immediately to redeem the family in distress and is not a vested right. The financial circumstances of the family and the lapse of time since the death of....
The court affirmed the permissibility of name substitution in compassionate appointment cases even after reaching the age limit, emphasizing that such policies should not undermine the objective of p....
[Compassionate appointments are a concession, not a right, and must be claimed promptly to address immediate financial crises. Delays in application undermine the purpose of the policy.]
The main legal point established in the judgment is that the Government Resolution prohibiting the substitution of the name of another legal representative in the waiting list for compassionate appoi....
The main legal point established in the judgment is that the permissibility of substituting the name in the waiting list for compassionate appointment is subject to the age restriction of 45 years im....
Compassionate appointment should be granted only in circumstances where the family needs immediate financial assistance, and it cannot be granted after a long period following the bread-earner's demi....
The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, ....
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