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Seema Kausar vs The State Of Maharashtra on 6 September, 2021

Bench: M.R. Shah, Aniruddha Bose

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     ITEM NO.34                     Court 13 (Video Conferencing)                        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).   19252/2018

     (Arising out of impugned final judgment and order dated 03-04-2018
     in WP No. 7648/2015 passed by the High Court Of Judicature At
     Bombay At Aurangabad)

     SEEMA KAUSAR                                                                       Petitioner(s)

                                                           VERSUS

     THE STATE OF MAHARASHTRA & ORS.                                                    Respondent(s)

     IA No. 100735/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT & IA No. 100736/2018 - EXEMPTION FROM FILING O.T.

     Date : 06-09-2021 This matter was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE M.R. SHAH
                            HON'BLE MR. JUSTICE ANIRUDDHA BOSE

     For Petitioner(s)                      Mr. Subodh S. Patil, AOR

     For Respondent(s)                      Mr.   Sachin Patil, AOR
                                            Mr.   Rahul Chitnis, Adv.
                                            Mr.   Aaditya A. Pande, Adv.
                                            Mr.   Geo Joseph, Adv.
                                            Mr.   Vijay S. Khamkar, Adv

                                            Mr.   Nitin V. Gaware, Adv.
                                            Mr.   Ashutosh Dubey, AOR
                                            Ms.   Rajshri Dubey, Adv.
                                            Mr.   H.B. Dubey, Adv.
                                            Mr.   Abhishek Chauhan, Adv.
                                            Mr.   Arun Nagar, Adv.
                                            Mr.   Amit P. Shahi, Adv.
                                            Ms.   Samrudhi Bendbhar, Adv.

                                            Mr. Amol Nirmalkumar Suryawanshi, AOR

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

Signature Not Verified It cannot be disputed that the appointment on compassionate Digitally signed by R Natarajan ground Date: 2021.09.07 17:14:27 IST Reason: is required to be made only as per the policy of the Government and only in a case where the eligibility criteria under the Scheme has been satisfied.

It also cannot be disputed that the policy which was prevailing at the time when the deceased employee died/the application was made only is required to be considered. In view of the above, it cannot be said that the High Court has committed any error which calls for interference of this Court in exercise of powers under Article 136 of the Constitution of India. Hence, the Special Leave Petition is dismissed. Pending applications stand disposed of.

(R. NATARAJAN)                                              (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                                       BRANCH OFFICER