Bombay High Court
Shubham Papanna Darelu vs The State Of Maharashtra And ... on 18 April, 2016
Bench: S.S. Shinde
(1) W.P. No. 10296 of 2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 10296 of 2015
District : Aurangabad
Shubham s/o. Papanna Darelu,
Age : 21 years,
Occupation : Education,
Plot No.36, Gulmohor Colony,
Behind 10, Chinar Garden,
Nashik High Way Road,
Padegaon, Aurangabad. .. Petitioner.
versus
1. The State of Maharashtra,
Through the Secretary,
Rural Development Department,
Mantralaya, Mumbai - 32.
2. The Chief Executive Officer,
Zillha Parishad, Aurangabad.
3. The Executive Engineer,
Zillha Parishad, Aurangabad.
4. The Block Development Officer,
Panchayat Samittee, Paithan,
Taluka : Paithan,
District : Aurangabad. .. Respondents.
...........
Mr. Bipinchandra K. Patil, Advocate, for the petitioner.
Mr. B.V. Virdhe, Asst. Government Pleader, for
respondent no.1.
Mr. Zareefkhan Y. Pathan, Advocate, for respondent
nos.2 and 3.
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(2) W.P. No. 10296 of 2015
Respondent no.4 served (Absent).
...........
CORAM : S.S. SHINDE &
SANGITRAO S.PATIL, JJ.
Date of reserving
the judgment : 4th April 2016.
Date of pronouncing
the judgment : 18th April 2016.
JUDGMENT (Per Sangitrao S. Patil, J.):
Heard the learned Advocate appearing for the
petitioner, the learned Asst. Government Pleader
appearing for respondent no.1 and the learned
Advocate appearing for respondent nos.2 and 3. None
present for respondent no.4 though served.
2. Rule. Rule made returnable forthwith. With
consent of the parties, the Writ Petition is heard
finally.
3. The petitioner has challenged the legality
and correctness of the communication dated 07.07.2015
issued by respondent no.3, whereby his claim for
appointment on compassionate ground came to be
rejected. He has further sought a direction to
respondent no.2 for appointing him on compassionate
ground.
(3) W.P. No. 10296 of 2015
4. The father of the petitioner, namely,
Papanna Rajanna Darelu, was a permanent employee of
respondent no.2. He was working as Hand Pump
Assistant. He died in harness on 20.02.2011. The
petitioner applied for being appointed on
compassionate ground after the demise of his father,
on 31.07.2012, 25.02.2015 and 03.03.2015. Respondent
no.3 by the impugned communication dated 07.07.2015,
informed the petitioner that though his father was
working as Hand Pump Assistant in Panchayat Samiti at
Paithan on regular basis, his pay and perks were
being paid through the income of the Zilla Parishad
and, therefore, the petitioner was not entitled to
get appointment on compassionate ground on the basis
of the scheme meant for Government / Semi-Government
employees. The application dated 03.03.2015 of the
petitioner came to be rejected by the said
communication.
5. The learned Advocate for the petitioner
submits that in the similar fact situation, the
Division Benches of this Court in Writ Petition No. 461
of 2012 [Santosh Ashok Pradhan Vs. The State of
Maharashtra & 2 others], Writ Petition No. 5801 of 2012
[Ashish s/o. Vinayak Kute Vs. The State of
Maharashtra & 2 others] and Writ Petition No. 5501 of
2008 [Sharad s/o. Vishnu Mali Vs. The State of
Maharashtra & 3 others], decided on 12.12.2012,
(4) W.P. No. 10296 of 2015
02.07.2013 and 28.11.2008, respectively, negatived
the contention of respondent no.2 that the Government
Resolution dated 26.10.1994 relating to appointment
on compassionate ground is not applicable to the
employees of the Zilla Parishad since their pay and
perks were being paid from the maintenance and
repairs fund of the Zilla Parishad. He submits that
the present petitioner is similarly situated with the
petitioners in the above numbered Writ Petitions.
He, therefore, submits that the impugned
communication dated 07.07.2015 may be set aside and
respondent no.2 may be directed to consider the case
of the petitioner for appointment on compassionate
ground.
6. The learned Asst. Government Pleader opposed
the petition by filing reply of respondent nos.2 and
3. He reiterates the earlier stand of respondent
nos.2 and 3 that the pay and perks of the deceased
father of the petitioner were not being paid by the
Government but were being paid from the maintenance
and repairs fund of the Zilla Parishad and,
therefore, the petitioner is not entitled to be
appointed on compassionate ground on the basis of the
Government Resolution dated 26.10.1994. However, he
does not dispute that the father of the petitioner
was a permanent employee of the Zilla Parishad.
7. The facts of the above numbered Writ
(5) W.P. No. 10296 of 2015
Petitions which have been decided by the Division
Benches of this Court and that of the present case
are running parallel. The claim of the petitioner
for appointment on compassionate ground cannot be
rejected on the ground that the pay and perks of the
father of the petitioner were being paid through the
maintenance and repairs fund of the Zilla Parishad,
as has been held in the judgments referred to above.
In the circumstances, we do not find any substance in
the stand taken by respondent nos.2 and 3 for denying
the claim of the petitioner for appointment on
compassionate ground. In fact, considering the above
mentioned three judgments, respondent nos.2 and 3
should not have taken the same stand for opposing the
claim of the petitioner for appointment on
compassionate ground, which has been already
negatived by the said judicial pronouncements.
8. In the result, we allow the Writ Petition,
set aside the communication dated 07.07.2015 (Exhibit
"G") and direct respondent nos.2 and 3 to decide the
applications tendered by the petitioner for his
appointment on compassionate ground, on their own
merits. Respondent nos.2 and 3 are directed to take
decision on the said applications, as expeditiously
as possible and preferably within a period of three
months from today.
9. Rule is made absolute in the above terms.
(6) W.P. No. 10296 of 2015
In the circumstances of the case, there shall be no
order as to costs.
(SANGITRAO S. PATIL) (S.S. SHINDE)
JUDGE JUDGE
...........
puranik / WP10296.15
