Anita Dnyaneshwar @ Dnyandeo ... vs State Of Maharashtra And Others
2016 Latest Caselaw 6740 Bom

                                                                            20wp4844.odt
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                              WRIT PETITION NO.4844 OF 2015




                                                                              
           Anita Dnyaneshwar @ Dnyandeo                    ...     Petitioner 
           Suryawanshi, Age 27 years, 




                                                      
           Occu: at present Nil,
           R/o Chilekhenwadi, Tq. Newasa,
           District- Ahmednagar.




                                                     
           VERSUS

    1. The State of Maharashtra,
       Through its Principal Secretary,
       Rural Development Department,




                                               
       Mantralaya, Mumbai 400 032

    2. The Chief Executive Officer,
       Zilla Parishad, Ahmednagar,
                                  
       District Ahmednagar,
                                 
    3. The District Health Officer,
       Zilla Parishad, Ahmednagar,
       District  Ahmednagar
      


    4. Dattatraya Baburao Suryawanshi,                     ...    Respondents
   



       Age 68 years, Occu: Agri.
       R/o Rui Chattisi, 
       Tq. and Dist. Ahmednagar





    Mr. Vinod P.Patil, Advocate for the petitioner
    Mrs. R. P. Gour, AGP for the respondent-State.
    Mr. S. T. Shelke, Advocate for Respondent No.2

                                        CORAM   :  S. V. GANGAPURWALA & 





                                                    K. L. WADANE, JJ.
                                         DATE   :   28th November,  2016


    JUDGMENT:                             

1. Heard the learned counsel for the parties.

2. Rule. Rule made returnable forthwith. With

20wp4844.odt consent of parties, the petition is taken up for final

disposal

3. Mr. Patil, the learned counsel submits that the

petitioner is wife of deceased Dnyaneshwar alias

Dnyandeo Kulkarni. Husband of the petitioner died in an

accident. Husband of the petitioner was in service with

Zilla Parishad, Ahmednagar at Akola Taluka as a primary

teacher. The petitioner moved an application seeking

appointment on compassionate ground. Claim of the

petitioner is not being considered. There is dispute

with the in-laws. In-laws are not cooperating.

According to the learned counsel, the petitioner has

received compensation from the Motor Accident Claim

Tribunal, this itself shows that the petitioner is wife

of deceased. Even husband of the petitioner has filed

proceeding for divorce, however, they were not

concluded.

4. Mr. Shelke, the learned counsel for respondent

no.2 submits that the petitioner is also placed in the

seniority list of the candidates to be appointed on

compassionate ground and the petitioner is at Serial

No.181. However, the petitioner is required to comply

with the documents as detailed in the letter dated

20wp4844.odt 19.11.2014, page 41.

5. We have considered the submissions.

6. It appears that as there is dispute with the

in-laws, the in-laws may not cooperate the petitioner.

As such, the petitioner will submit all other documents

as stated in the letter dated 19.11.2014(page 41)

except the no objection of the in-laws and the

authority shall consider the claim of the petitioner on

submitting all other documents, expeditiously.

7. If the in-laws of the petitioner raise any

objection, the respondent authority shall decide the

said objection after hearing the parties concerned.

8. Rule is made absolute accordingly. No costs.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC