Sampada D/O. Purushottam Dighore vs The State Of Maharashtra, Thr. ...
2024 Latest Caselaw 22841 Bom

Bombay High Court

Sampada D/O. Purushottam Dighore vs The State Of Maharashtra, Thr. ... on 6 August, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

2024:BHC-NAG:8668-DB
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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH : NAGPUR

                                           Writ Petition No.3396/2022
                                   (Sampada V the State of Maharashtra and others)
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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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Mr. G.O. Godge, Advocate h/f Mr. P.S. Kshirsagar, Advocate for petitioner. Mr. Rao, AGP for resp. nos. 1 and 2.

Mr. S.R. Wagh, Advocate h/f Ms Gayatri Reve, Advocate for resp. no.3.

CORAM : Nitin W. Sambre & Abhay J. Mantri, JJ DATE : 06-08-2024.

Heard.

ii. The petitioner's mother was in the employment of

respondent no.3. After the death of mother of the petitioner,

Purushottam, father of the petitioner sought employment and as

such, Purushottam's name was taken by respondent no.3 on

the wait list of the candidates, who are qualified for the

compassionate appointment.

iii. The father of the petitioner Purushottam incurred

disqualification having crossed the age of 45 years and that

being so, the candidature of the petitioner was suggested.

However, the respondent employer referred the issue to the

State Government for its guidance.

iv. Vide impugned communication, the State

Government has rejected the prayer of the petitioner.

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v. The learned Counsel for the petitioner would invite

our attention to the Full Bench judgment of this Court in the

matter of Kalpana and others vs State of Maharashtra and

others, reported in 2024(4) Mh.L.J. 312, so as to claim that the

substitution of name is very much permissible.

vi. The aforesaid position of law cannot be disputed.

vii. In that view of the matter, we allow the petition by

quashing the impugned orders, thereby directing the respondent

no.3 employer to reconsider the claim of the petitioner for

placing her candidature on the wait list for grant of

compassionate appointment and same be further considered in

accordance with the Full Bench judgment of this Court

referred above. The petition accordingly stands allowed.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

Deshmukh

Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 08/08/2024 10:08:49