Bombay High Court
Om Santosh Neware vs The State Of Maharashtra, Thr. ... on 11 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:13631-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1308 OF 2023
Shri Om Santosh Neware,
age 20 years, occupation : student,
r/o Shradha Nagar 2, Khadki,
Akola, Taluq and District Akola. ... Petitioner
- Versus -
1) The State of Maharashtra,
through its Secretary for Rural
Development Department,
Mantralaya, Mumbai.
2) The Zilla Parishad, Akola,
through its Chief Executive
Officer, Akola, District Akola. ... Respondents
-----------------
Shri S.M. Vaishnav, Advocate for petitioner.
Shri A.S. Fulzele, Additional Government Pleader for respondent no.1.
Shri U.J. Deshpande, Advocate for respondent no.2.
----------------
CORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : SEPTEMBER 11, 2023
ORAL JUDGMENT (PER A,S, CHANDURKAR, J.) :
Rule. Rule is made returnable forthwith. Heard finally with
the consent of the learned Counsel for the parties.
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2) The father of the petitioner was working as Junior Clerk with
Zilla Parishad, Akola. On his death in harness, the petitioner sought
appointment on compassionate basis by moving application dated
10/7/2013. The name of the petitioner's mother was initially considered
for grant of compassionate appointment, after which her name was
substituted with that of the petitioner. During pendency of the petitioner's
application, the Chief Executive Officer, Zilla Parishad, Akola had sought
guidance from the Rural Development Department in the matter of
substituting the petitioner's name in place of his mother in the list of
persons seeking compassionate appointment. In the list of such
applicants, the petitioner's name stands at serial no.3. It is not in dispute
that the candidate whose name was at serial no.2 in the said waiting list
had approached this Court in Writ Petition No.5242/2022 (Pratik Prakash
Nagpure vs. The State of Maharashtra and another). By the judgment
dated 10/3/2023 this Court had set aside the endorsement made against
his name that subject to approval of the State Government, appointment
would be made. It is submitted that similar endorsement has been made
against the name of the petitioner.
3) We have heard the learned Counsel for the parties and
perused the documents on record. We find the petitioner entitled to
similar relief that was granted to the candidate at serial no.2. Accordingly,
for the reasons recorded in the judgment in Pratik Prakash Nagapure
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(supra), it is directed that the endorsement made in the said waiting list
against the name of the petitioner shall stand quashed. The claim of the
petitioner would be considered in accordance with his seniority in the said
list. The Zilla Parishad to accordingly issue an appointment order to the
petitioner as and when his turn is arrived at in the said list.
4) Rule is made absolute in the aforesaid terms. No order as to
costs.
JUDGE JUDGE
khj
Signed by: Kamal H. Jeswani
Designation: Additional Secretary
Date: 13/09/2023 15:33:23
