The State Of Maharashtra Thr Its ... vs Prashant Rupchand Thaware And ...
2023 Latest Caselaw 9785 Bom

                                                 1                                  wp4437.23.odt

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

                          WRIT PETITION NO.4437 OF 2023
    [The State of Maharashtra and others .vs. Shri Prashant s/o Rupchand Thaware and one]
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Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                  Shri S.A. Ashirgade, Additional Government Pleader for the petitioners.
                                ..........

                               CORAM :               SUNIL B. SHUKRE AND
                                                     SMT. M.S. JAWALKAR, JJ.

                               DATE          :       20/09/2023.


                  1.           Shri         S.A.       Ashirgade,      learned            Additional

Government Pleader submits that the impugned judgment

and order of the Maharashtra Administrative Tribunal is

against the well settled principles of law and that it does

not take into consideration the fundamental nature of

compassionate appointments. He further submits that

basically any compassionate appointment is made only to

provide succor and immediate relief to a family facing

financial difficulty on account of sudden death of an

earning member of the family and it is for this reason that

an exception is made to the general rule of equality and

open competition applicable to government appointments,

which rule is in consonance with Articles 14 and 21 of the 2 wp4437.23.odt

Constitution of India. He further submits that no

compassionate appointment comes as a matter of right and

it is heavily dependent upon the policy made in that regard

by the State Government. He further submits that there is

no policy framed to allow substitution of name of any adult

dependent member by another adult dependent member.

He further submits that all these aspects of this matter have

been ignored by the Tribunal in passing the impugned

judgment and order.

2. Issue notice for final disposal at admission stage

to the respondents, returnable within four weeks.

3. Meanwhile, there shall be ad-interim stay to the

effect and operation of the impugned judgment and order

till next date.

                                           JUDGE                                   JUDGE


                 Gulande




Signed by: A.S. GULANDE

Designation: PS To Honourable Judge Date: 20/09/2023 19:13:19