LALITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The father of the petitioner, Gulab Mahaguji Bawankule, died a civil death on 1/9/2012, as is declared by the learned 2nd Joint Civil Judge, Senior Division, Nagpur on 11/1/2022.

(2.) Since the date of superannuation of deceased Gulab was 31/1/2015, the petitioner No.2 moved an application seeking compassionate appointment from 6/12/2017, which was denied on the ground that the petitioner No.2 is not entitled for compassionate appointment as his father stood superannuated on 31/1/2015 and the declaration of civil death was granted on 11/1/2022.

(3.) The contention of Shri Walthare, learned counsel appearing for the petitioners, is that the date of superannuation of deceased Gulab was 31/1/2015. It is further urged that in the judgment delivered by the Civil Court on 11/1/2022, the respondent-employer was a party-defendant No.2. As such the declaration is given about civil death with effect from 1/9/2012. In such an eventuality, the contention of the counsel for the petitioner is that this Court has to presume that the father of the petitioner No.2 died on 1/9/2012, i.e. three-and-half years before the date of his superannuation.