Pranit S/O Ashokrao Khare vs State Of Maharashtra, Tribal ...
2023 Latest Caselaw 9975 Bom

2023:BHC-NAG:14279-DB



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

                                        WRIT PETITION NO. 2928/2020
                          Pranit S/O Ashokrao Khare Vs State Of Maharashtra and others.
            Office Notes, Office Memoranda of                  Court's or Judge's Order
            Coram, appearances, Court's Orders
            or directions and Registrar's order
                                     Mrs S.W. Deshpande, counsel for petitioner.
                                     Ms. K.S. Joshi, Addl. G.P. for respondent Nos. 1 and 2.

Mr. V.A. Dhabe, counsel for respondent Nos. 3 and 4.

CORAM: AVINASH G. GHAROTE & URMILA JOSHI-PHALKE, JJ DATED : 21/09/2023.

1. Heard Mrs. S.W. Deshpande, learned counsel for the petitioner, Ms. K.S. Joshi, learned Additional Government Pleader for Respondent Nos.1 and 2 and Mr. V.A. Dhabe, learned counsel for respondent Nos. 3 and 4.

2. The petition seeks appointment of the petitioner on compassionate basis, on account of demise of his father on 06/12/2015. The mother of the petitioner had earlier applied on 19/05/2016, however, as she had attained the age of 45 years, the petitioner applied on 16/07/2016 and claimed appointment on compassionate ground.

3. What is material to note is, that a similar plea has been raised earlier by the petitioner in Writ Petition No. 3378/18, in which by the judgment dated

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03/09/2019 (Page-16) it has been held that since there would be a singular post even the question of ceiling of 10% on compassionate appointment cannot be considered, as the said post was not vacant, and the petition has therefore dismissed. The same position exists today, as there is a single isolated post, and therefore, the question of applying the ceiling of 10% for compassionate appointment cannot arise.

4. In that view of the matter, we do not see any merit in the present matter, the same is dismissed. No costs.

                                           JUDGE                                  JUDGE




Signed by: Mr. R.K. NANDURKAR
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Designation: PA To Honourable Judge Date: 29/09/2023 19:28:44