Pradnya Prakashrao Chaware ... vs State Of Maharashtra, Through ...
2022 Latest Caselaw 11058 Bom

                                                1                         wp925.20.odt

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 NAGPUR BENCH AT NAGPUR

                       WRIT PETITION NO.925/2020

     Pradnya Prakashrao Chaware (After Marriage),
     Pradnya wd/o Yashwant Khobragade,
     aged about 35 years, Occ. Nil, r/o L.I.G.
     Quarter No.8/4, Nandanwan Colony,
     Hasanbagh Road, Nagpur.                .....PETITIONER
                            ...V E R S U S...
1. The State of Maharashtra through
   its Commissioner at Department of Health,
   Mantralaya, Mumbai-32.

2. Chief Executive Officer, Zilla Parishad,
   Bhandara.

3. District Health Officer, Zilla Parisahd,
     Bhandara.                                          ...RESPONDENTS
-------------------------------------------------------------------------------------
Mr. K. C. Deogade, Advocate for petitioner.
Mrs. K. S. Joshi, Addl. G.P. for respondent nos. 1 and 3.
Mr. R. S. Khobragade, Advocate for respondent nos. 2 and 3.
-------------------------------------------------------------------------------------
CORAM:- SUNIL B. SHUKRE & ANIL L. PANSARE, JJ.

DATED :- 19.10.2022

ORAL JUDGMENT (Per: Sunil B. Shukre, J.)

Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for the parties.

2. Death of the sole bread winner of the family,

Yashwant Khobragade, who was working as Arogya Sewak with 2 wp925.20.odt

respondent nos.2 and 3, had occurred on 02.06.2006 while he

was still in service. The death was sudden, unexpected and

traumatic for the family of the petitioner, throwing the family of

the petitioner into untoward financial crisis. However, today,

we are in October-2022, i.e. almost after 16 years of the death.

Thus, the long passage of time since the death of the husband

of the petitioner, as per the settled law, has itself extinguished

the need for seeking the compassionate appointment, by

making exception to the general rule of recruitment by open

invitation, in consonance with the principles of equality,

reasonableness and fairness, as reflected in the Articles 14 and

21 of the Constitution of India. This has also led to the right of

the petitioner to be considered for being appointed on

compassionate ground as no longer surviving. Therefore, we

find that there is no merit in the petition.

3. The writ petition is dismissed.

Rule is discharged. No order as to costs.

          (Anil L. Pansare, J.)             (Sunil B. Shukre, J.)

                                                    Digitally signed byYOGESH
kahale                                              ARVIND KAHALE
                                                    Signing Date:21.10.2022
                                                    14:54