Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5216 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 4420 OF 2018]
SUPRIYA SURESH PATIL
@ SOW SUPRIYA PRATIK KADAM Appellant (s)
VERSUS
THE STATE OF MAHARASHTRA & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved since her application
for compassionate appointment was declined by
Respondent No. 3. The appellant was unsuccessful
before the High Court.
3. We find from the Judgment of the High Court that
the main reason for rejecting the case of the
appellant was that the family had managed to survive
for over ten years and, therefore, there was no
immediate necessity. We are afraid that this cannot
be a major reason for rejection. Whether the family
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.05.21
14:10:05 IST
Reason:
pulled on begging or borrowing also should have been
one consideration. We do not propose to deal with
the matter any further in the peculiar facts of this
2
case. The widow had already been empaneled for
appointment under the Compassionate Appointment
Scheme, but was declined the benefit only on account
of crossing the age. We are of the view that in the
peculiar facts of this case, her daughter should be
considered for compassionate appointment. Ordered
accordingly.
4. We make it clear that this order is passed in
exercise of our jurisdiction under Article 142 of the
Constitution of India for doing complete justice and
hence, it may not be treated as a precedent.
5. The needful shall be done by the respondents
within one month from today.
6. The impugned Judgment will stand modified
accordingly. The appeal is disposed of as above.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
May 12, 2018.
3
ITEM NO.70 COURT NO.5 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 4420/2018
(Arising out of impugned final judgment and order dated 14-11-2017
in WP No. 13275/2017 passed by the High Court Of Judicature At
Bombay At Aurangabad)
SUPRIYA SURESH PATIL @ SOW SUPRIYA PRATIK KADAM Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ORS. Respondent(s)
(IA No.20606/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.20608/2018-EXEMPTION FROM FILING O.T.)
Date : 09-05-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr. Sandeep Sudhakar Deshmukh, AOR
For Respondent(s) Mr. Kunal Cheema, Adv.
Mr. Nishant Ramakantrao Katneshwarkar, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The civil appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)