YOUTH LOST TRUST IN HIGH COURT FOR JUSTICE - ORDER MADE HIM UNEMPLOYED.
CASE: Anand s/o Balasaheb Deshmukhh Age 24 years Vs. State of Maharashtra & Ors
MATTER: Smt. Suman Balasaheb Deshmukh, the mother of the Petitioner was appointed as a Junior Clerk at the District Court Ambejogai, District Beed.
She was holding post of group “C” cadre. Petitioner’s mother (Smt. Suman Balasaheb Deshmukh) died on 23-12-2007 in a road accident.
At the time of death of his mother, Petitioner was 7 years old, therefore, being minor, he was not eligible to apply for employment immediately after the death of his mother and he was also taking education by that time.
Petitioner obtained degree of B. Sc., Computer Science in 1st Division and simultaneously, he has completed technical courses viz., (i) Course of C-Language (Computer), (ii) M.S.C.I.T., (iii) English Typing 40 W.P.M. and (iv) Marathi Typing 30 W.P.M.
Therefore, after attaining the age of majority, on 29.09.2021, he submitted an application with office and request for grant of appointment on the compassionate ground, however, Respondent office issued the impugned communication dated 15th May, 2024 and rejected the request of the Petitioner on ground the that, the application is not filed within the limitation of one year from the date of death of employee Mother. Hence, Petitioner filed case before High Court for Justice.
COURT ORDER: In the case in hand, it is apparent that the Petitioner's mother died on 23.12.2007 in a road accident. Though, the Petitioner has attained the age of majority on 12th September, 2018 he has failed to submit an application seeking appointment on compassionate basis within a period of two years.
The Petitioner has also disclosed that at the time of death of his mother, his father was 48 years old and he was drawing agricultural income to the tune of Rs. 40,000/- per year. Therefore, it shows that the Petitioner and his family were not facing financial crises due to the death of his mother, for the period of more than 13 years.
ORDER: In view of the above, the Writ Petition is dismissed.
COMMENT: HIGH COURT SHOULD HAVE CONDONED THE DELAY IN APPLICATION AS THERE WAS SUFFICIENT CAUSE TO EXPLAIN THE SAME
YOUTH HAS WITH VIEW TO GET JOB IN PLACE OF HER DECEASED MOTHER POST HAVE STUDIED AND COMPLETED VARIOUS COUSES LIKE ENGLISH MARATHI TYING ETC. HE DONE HARDWORK AND SPEND 20 YEARS IN MAKING HIMSELF ELIGIBLE FOR POST.
BUT HIGH COURT, WITHOUT CONSIDERING THESE ASPECTS AND GIVING JUSTICE AND MAKE HIM EMPLOYABLE. BUT REJECTED HIS CASE.
MAIN FUNCTION OF LAW IS TO DO JUSTICE. BUT , COURT ARE TAKING HYPER TECHNICAL WAY AND CAUSING INJUSTICE AND SUFFERING TO PEOPLE.
BECAUSE OF SUCH ORDER, PEOPLE ARE LOSING TRUST IN COURT AND JUSTICE .
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