Bombay High Court
Deepali Wd/O Mahendra Nagapure vs State Of Maharashtra, Thr. ... on 6 October, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:14681-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4444 OF 2023
Deepali wd/o Mahendra Nagapure, aged Petitioner
about 30 years, Occup.Nil, r/o C/o Late
Bhaskarrao Katilkar, Jawahar Nagar, Shiv
Gajanan Mandir, Near Rekha Colony,
VMV Road, Navsari, Amravati, Tq. And
Dist.Amravati (On RA)
-Versus-
1. State of Maharashtra through, Secretary,
General Administration Department,
Mantralaya, Mumbai -32.
2. State of Maharashtra through, Secretary,
Education and Sports Department,
Mantralaya, Mumbai-32.
3 Commissioner, Youth and Sports Services,
Maharashtra State, Pune, Office at Shiv
Chatrapati Sports Complex, Mahalunge,
Pune, Tq. and Dist.Pune.
4. Deputy Director, Youth and Sports
Services Amravati Division, Amravati
Divisional Sports Complex, Morshi
Road,Amravati, Tq. and Dist. Amravati.
5. Suryakanta Diliprao Nagapure, aged about
59 years, Occupation: Pensioner, R/o Jalu
Post, Dabha Ahmadpur, Tq. Nandgaon Respondents
Khandeshwar, Dist.Amravati. (All on RA)
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Mr.J.B.Kasat, counsel for the petitioner.
Mr.A.S.Fulzele, Addl.G.P. for the respondent Nos.1 to 4.
Respondent No.5 served.
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CORAM : A.S.CHANDURKAR AND
VRUSHALI V. JOSHI, JJ.
DATE : 06th October, 2023
ORAL JUDGMENT (Per : A. S. Chandurkar, 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 husband of the petitioner was in employment with
the office of the National Cadet Corps, Amravati as a Jr. Clerk. He
died in harness on 20.05.2021. The petitioner is the widow of the
deceased employee, who seeks the employment on compassionate
ground in terms of the Government Resolution dated 21/09/2017.
Her application has been rejected by the communication dated
23.05.2023 on the ground that No Objection Certificate from her
mother-in-law has not been obtained.
4. After hearing the learned counsel appearing for the parties
and on perusing the Government Resolution dated 21.09.2017,
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51j wp 4444 of 2023.odt
we find that this Court in Writ Petition No. 6273 of 2022 ( Rutuja
Kunal Ruikwar Vs. State of Maharashtra, through Secretary and
ors) has taken a view that obtaining No Objection Certificate in the
context of Clause-9 of the said Government Resolution would be
of a person, who is eligible for being considered for appointment.
In the present case, the petitioner's mother-in-law is aged about 59
years, and she is receiving pension after the death of her husband as
pleaded in paragraph No.8 of the Writ Petition. It is further stated
that the relations between the petitioner and respondent No.5 are
not cordial and hence, such No Objection Certificate cannot be
obtained.
5. We find that the petitioner is widow of the deceased
employee. Her application for seeking appointment on
compassionate ground deserves consideration without insisting for
No Objection Certificate as per the impugned communication. In
these facts, the communication dated 23.05.2023 is set aside and
respondent Nos.3 and 4 are directed to consider the petitioner's
application seeking appointment on compassionate basis, on it's
own merits and in accordance with the Government Resolution
dated 21.09.2017. The production of the No Objection Certificate
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51j wp 4444 of 2023.odt
from the petitioner shall not be insisted.
6. Rule is made absolute in above terms. No costs.
(VRUSHALI V. JOSHI, J) (A.S.CHANDURKAR, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 07/10/2023 17:22:38 Kavita.
