MOHD. TAUSIF SHEIKH BABBU Vs. DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION
LAWS(BOM)-2017-6-177
HIGH COURT OF BOMBAY
Decided on June 20,2017

Mohd. Tausif Sheikh Babbu Appellant
VERSUS
DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

VASANTI A.NAIK,J. - (1.) By this petition, the petitioner challenges the order of termination of his father from services, dated 23.12.2011 and seeks a declaration that his father was entitled to continue in service till he expired on 9.11.2013. The petitioner seeks a direction against the respondent - Corporation to appoint the petitioner on compassionate ground.
(2.) The father of the petitioner was working with the respondent - Maharashtra State Road Transport Corporation as an Assistant Mechanic when he suffered a paralytic stroke in the year 2011. The father of the petitioner was examined by the Medical Board and since he was not found fit for duties, his services were terminated vide order dated 23.12.2011. The father of the petitioner did not challenge the order of his termination. The father of the petitioner expired on 9.11.2013. The petitioner made attempts through the Employees Union to persuade the respondent - Corporation to employ him in the services of the Corporation on compassionate ground. Since the representations of the petitioner were not considered favourably, the petitioner has filed the instant petition seeking the aforesaid relief.
(3.) Shri Khan, the learned Counsel for the petitioner submitted that in view of the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the Corporation was not justified in terminating the services of the father of the petitioner. It is submitted that in view of the provisions of the Act, the father of the petitioner should be considered to have been in service till he expired on 9.11.2013. It is submitted that since the respondent - Corporation had illegally terminated the services of the father of the petitioner, the order of termination is liable to be set aside. It is submitted that by considering that the father of the petitioner had died while in service, it would be necessary to appoint the petitioner on compassionate ground.;


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