Sangeeta Daniel Wadpalli vs The State Of Maharashtra And ...
2022 Latest Caselaw 11467 Bom

                                                         907-wp-14506-2019.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                   WRIT PETITION NO.14506 OF 2019


      Sangeeta w/o. Daniel Wadpalli
      Age: 43 years, Occu.: Nil/Household,
      R/o. Fire Station Quarters Jalna,
      Infront of R.H.V. School,
      Deolgaon Raja Road,
      Jalna, Tq. and Dist. Jalna                            .. Petitioner

               Versus

1.    The State of Maharashtra
      Through The Secretary
      Rural Development Department,
      Mantralaya, Mumbai-32.

2.    The Director,
      Directorate of Municipal Administration,
      Worli, Mumbai.

3.    The Divisional Deputy Director,
      Municipal Administration,
      Divisional Commissioner Office,
      Aurangabad.

4.    The Collector,
      Jalna, Tq. and Dist. Jalna.

5.    The Chief Officer,
      Municipal Council, Jalna                              .. Respondents

                                 ...
Mr. J. M. Murkute, Advocate for petitioner.
Mrs. M. A. Deshpande, AGP for respondent Nos.1, 2 and 4 - State.
Mr. V. P. Deshmukh, Advocate for respondent No.5.
                                 ...

                        CORAM :    SMT. VIBHA KANKANWADI AND
                                   Y. G. KHOBRAGADE, JJ.

                          DATE :   11th November, 2022.


                                     (1)


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JUDGMENT :-              (Per Smt. Vibha Kankanwadi, J.)


.        Rule.      Rule      made   returnable   forthwith.      Heard       learned

Advocates for the parties finally, by consent.


2.       The petitioner, who is the widow of the employee serving with

respondent No.5, is seeking directions for appointing her on

compassionate ground.


3.       The petitioner has come with the case that one Asaram

Dhuraji Kamble was working as Purush Majur with the Sanitary

Department of Municipal Council, Jalna and after the retirement, as

per the recommendation of Laad Committee, the husband of the

petitioner namely Danial Chandrarao Wadpalli was appointed on the

post of Purush Majur in the Sanitary Department, Municipal Coucil,

Jalna by order dated 28.12.1998.               Danial expired on 26.03.2016

and after his death, the present petitioner had filed representations

dated 09.05.2016, 05.04.2017 and 21.12.2018 to the Chief Officer

Municipal Council, Jalna for considering her request for the

appointment on compassionate ground.                As no action was taken,

she had knocked the doors of this Court.


4.       The affidavit-in-reply has been given on behalf of respondent

No.5 - the Chief Officer of Municipal Council, Jalna Shri. Nitin

Janardhan Narvekar and in paragraph No.3, he has admitted that



                                         (2)


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the representations were made by the petitioner and as per her

representations, he would forward the proposal before Collector and

her name will be inserted in waiting list on appointment on

compassionate ground and in future whenever there would be

vacancy, the appointment would be given to the petitioner as per

seniority list of appointment on compassionate ground. The petition

can be disposed of in view of this assurance and undertaking by

respondent No.5. Hence, the following order :-


                                  ORDER

       I)       The writ petition stands allowed.


       II)      Respondent No.5 to forward the representations made

by the petitioner on 09.05.2016, 05.04.2017 and 21.12.2018 to the the Collector, Jalna i.e. respondent No.4 and thereafter, upon the orders of respondent No.4, her name be inserted in the waiting list on appointment on compassionate ground. Thereafter, the respondents to give appointment to the petitioner as per rules taking into consideration the waiting list of the appointment on compassionate ground, whenever there is vacancy in future.

III) Rule is made absolute in the above terms.

[Y. G. KHOBRAGADE]                      [SMT. VIBHA KANKANWADI]
      JUDGE                                        JUDGE

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