SURENDRA WAMANRAO DESHMUKH Vs. STATE OF MAHARASHTRA AND ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4925 of 2017, Judgment Date: Mar 31, 2017

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4925 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 10567 OF 2017]
            [@ SPECIAL LEAVE PETITION (C).....CC. NO. 6025/2017]


SURENDRA WAMANRAO DESHMUKH                                      APPELLANT(S)

                                VERSUS

STATE OF MAHARASHTRA AND ANR                                   RESPONDENT(S)

                               J U D G M E N T
KURIAN, J.
      Delay condoned.
2.    Leave granted.
3.    In the nature of order we propose to pass,  it  is  not  necessary  to
issue notice.
4.    It is not in dispute that the appellant was removed  from  service  on
compulsory retirement.  According  to  the  appellant,  he  is  entitled  to
compassionate pension  in  terms  of  Rule  100  of  the  Maharashtra  Civil
Services (Pension)  Rules,  1982.   It  is  also  submitted  that  similarly
situated persons have been granted relief.  But the High Court  declined  to
look into the matter.
5.    The appellant is  permitted  to  make  an  appropriate  representation
before Respondent No.1, within a period of one month  from  today.   In  the
event of such a representation being filed, the same shall be considered  by
Respondent No.1 on merits and appropriate orders, in  accordance  with  law,
shall be passed thereon within three months from the the date of filing  the
same.
6.    In case, the appellant requests for an  opportunity  of  hearing,  the
same shall also be granted to him.  We  make  it  clear  that  the  impugned
judgment of the High Court shall not stand in the way of Respondent No.1  in
passing the orders, as above.
7.    The appeal is, accordingly, disposed of.
8.    Pending applications, if any, shall stand disposed of.
9.    There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MARCH 31, 2017.