Bombay High Court
Sharmila D/O Kundan Meshram vs State Of Maha., Thr. Secretary, Forest ... on 19 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6524 OF 2022
Sharmila Kundan Meshram, Aged about Petitioner
20 years, Occupation Student, R/o
Panchashil Chowk, Indira Nagar,
Chandrapur, Tah.and Distt. Chandrapur.
-Versus-
1. The State of Maharashtra, through its
Secretary Forest and Revenue
Department Mantralaya, Mumbai 32
2. Deputy Director (Core), Tadoba Andhari
Tiger Project, Chandrapur, Hostel
Building Rambag Van Vasahat, Mul
Road, Chandrapur District Chandrapur.
3. Assistant Conservator of Forests, Tadoba
Andhari Tiger Project, Chandrapur,
Hostel Building Rambag Van Vasahat,
Mul Road, Chandrapur District-
Chandrapur.
4. Ku. Ruma Kundan Meshram @ Romila
Dinesh Bairagi, Aged about 27 years,
Occup.House wife, R/o Lalukhedi, Tah.
and District Agarmalva (M.P).
5. Ku.Juily @ Roshni Kundan Meshram @ Respondents
Roshani Dharmaratna Patil,Aged about
22 years, Occup.Private ,R/o Near
Kalaram Mandir, Samadhi Ward,
Chandrapur Tah. And District
Chandrapur.
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Mr.Anup S.Dhore, counsel for the petitioner.
Mr.A.M.Joshi, AGP for the respondent Nos.1to 3.
Mr.M.G.Sharma, counsel for respondent No.4.
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Kavita.
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CORAM : ANUJA PRABHUDESSAI
AND
VRUSHALI V. JOSHI, JJ.
DATE : 19th December, 2023
ORAL JUDGMENT (Per :Anuja Prabudessai, J.)
Heard.
2. Rule. Rule made returnable forthwith. The petition is
heard finally with the consent of the learned counsel for the parties.
3. The father of the petitioner and respondent Nos.4 and 5
was employed as Safai Kamgar in the forest department, since
24.07.1995. He expired on 14.09.2019, while he was in service.
The petitioner has stated that he had nominated his wife Sangita as
his nominee to receive the death benefits. The nomination was to
be invalid in the event of divorce or mental illness. It is stated that
the marriage between Kundan Meshram and his wife Sangita has
been dissolved vide judgment and decree dated 01.01.2018 passed
by learned Civil Judge Senior Division, Chandrapur in Hindu
Marriage Petition No.148 of 2017. The petitioner being the
unmarried daughter of the deceased employee has applied for
appointment on compassionate basis. The respondent No.4, who is
the married sister has given no objection certificate. The application
Kavita.
39-wp 6524-22.odt
for appointment on compassionate basis is not considered for
failure to obtain no objection of respondent No.5. who is also a
married sister of the petitioner.
4. The application has not been considered for failure to
obtain non objection from respondent No.5. It is stated that
respondent No.5 is married and she and her husband have
independent source of income. Respondent No.5 has not appeared
before this Court despite due service and has not opposed the claim
and contention of the petitioner.
5. In such circumstances, we are of a considered view that
the application submitted by the petitioner should not be kept
pending solely for want of No Objection Certificate from
respondent No.5. Hence, we direct that respondent No.2 to
consider application filed by the petitioner to appoint her on
compassionate basis and to take appropriate decision in accordance
with law.
6. Rule is made absolute in the above terms. No costs.
(VRUSHALI V. JOSHI, J) (ANUJA PRABHUDESSAI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 22/12/2023 16:44:34 Kavita.
