The Chief Executive Officer And ... vs Vikram Manohar Wadmare And ...
2021 Latest Caselaw 12342 Bom

                                    .. 1 ..

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 964 CIVIL APPLICATION NO.8930 OF 2021
                                   IN
                REVIEW APPLICATION (ST) NO.7512 OF 2021
                                 WITH
                REVIEW APPLICATION (ST) NO.7512 OF 2021

The Chief Executive Officer & another                      .. Applicants
      Versus
Vikram Manohar Wadmare and another                         .. Respondents
                                 ...
In both the matters :
          Mr V.V. Bhavthankar, Advocate for the Applicants
          Mr M.P. Tripathi, Advocate for Respondent No.1
          Mr S.P. Tiwari, AGP for the Respondent - State
                                      ...

                                  CORAM : S. V. GANGAPURWALA
                                                   AND
                                          R.N. LADDHA, JJ.

DATE : 01-09-2021

PER COURT : -

1. The Civil Application bearing No.8930 of 2021 is filed seeking

condonation of delay of 746 days in filing review. The Review

Application bearing (St) No.7512 of 2021 is filed with regard to the

order dated 08-01-2019 passed by this Court allowing the writ

petition setting aside the order of the Zilla Parishad rejecting the

application of the original writ petitioner seeking appointment on

compassionate ground. The application of the writ petitioner was

rejected by the Zilla Parishad on the ground that the post occupied by Gajanan

.. 2 ..

his father was not funded by the government and was self-funded by

the Zilla Parishad. This Court under order dated 08-01-2019 in Writ

Petition No.1441 of 2018 relied upon the earlier judgment and orders

passed by this Court in case of similarly situated employees. The

orders passed in Writ Petition No.461 of 2012 dated 12-12-2012, Writ

Petition No.5801 of 2012 dated 02-07-2013 and Writ Petition

No.10296 of 2015 dated 18-04-2016 were relied while passing the

order under review. In Writ Petition No.461 of 2012 under order

dated 12-12-2012 this Court specifically came to the conclusion that

the scheme of compassionate appointment is equally applicable to

Zilla Parishad and the stand taken by the Zilla Parishad that as the

post occupied by the father of the writ petitioner was funded by the

Zilla Parishad, the compassionate appointment cannot be given, is

erroneous. Earlier illustrations were also considered by the Court.

2. While delivering the Judgment under review, we have

considered the aforesaid judgments.

3. In view of that, the present applications for condonation of

delay and review stand rejected. No costs.

      [ R.N. LADDHA ]                        [ S. V. GANGAPURWALA ]
          JUDGE                                       JUDGE
Gajanan