Bombay High Court
Minakshi Wd/O Hemraj Uikey And Another vs The State Of Maha., Thr. Secretary, ... on 16 August, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:9221-DB
21 wp 1534-2023.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1534/2023
1. Smt. Minakshi wd/o Hemraj Uikey
Aged about 50 years, Occ. Household,
2. Ku. Shivani D/o. Hemraj Uikey
Age about 22 years, Occ- Student,
Both R/o. At Post- Gadegaon, Tah-
Lakhani, Dist. Bhandara 441804.
....PETITIONERS
....VERSUS....
1. State of Maharashtra,
through its Secretary,
Department of General Administration,
Mantralaya, Mumbai-32.
2. Zilla Parishad, Bhandara
Chief Executive Officer. ....RESPONDENTS
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Shri N.S. Warulkar, Adv. with Shri S.K. Bhattacharya, Adv. for petitioner
Shri Saurabh Joshi, AGP for respondent No.1
Shri R.S. Khobragade, Advocate for respondent No.2
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, J.
DATED: 16/08/2024
ORAL JUDGMENT (PER SMT. M.S. JAWALKAR, J.)
. Rule. Rule made returnable forthwith. Heard
finally by consent of learned Counsel for the parties.
2. The present petition is filed challenging the
communication dated 22/11/2022 passed by the Chief
Executive Officer, Zilla Parishad, Bhandra, whereby
request of petitioner No.2 for substitution and inclusion
of her name in place of her mother i.e. petitioner No.1 in
waiting list maintained by the Zilla Parishad of the
candidate to be appointed on compassionate
appointment. As husband of petitioner No.1 Shri Hemraj
Beniram Uikey was working in Zilla Parishad School
Bhandara passed away on 13/10/2010 leaving behind the
petitioners. The petitioner No.1 applied for appointment
on compassionate ground in place of her husband, her
name was enlisted. Further, as she has attained the age of
45 years, her name was directed to be removed from the
waiting list. Hence, she applied for substitution of the
name of her daughter namely Shivani D/o. Hemraj
Uikey.
3. In the present petition, the petitioner No.1 is
the mother who does household work and petitioner
No.2 is her daughter who is a major and who has
completed her graduation B.Sc. Degree and currently
pursuing her M.Sc. Degree.
4. The respondents initially included name of the
petitioner No.2 in the waiting list substituting name of
petitioner No.1. However, when she has approached to
the respondent No.2 for verification of documents, she
was informed that her name was removed from the
waiting list in view of Government Resolution dated
20/05/2015. Her request for substitution came to be
rejected without granting hearing.
5. Learned Counsel for petitioners relied on the
Full Bench judgment in Kalpana wd/o Vilas Taram and
another Vs. State of Maharashtra and others, 2024(4)
Mh.L.J. (F.B.)312. In view of the judgment, name of
daughter of petitioner No.1 can be substituted in place of
name of petitioner No.1. As such, present petition is
allowed in terms of the Full Bench judgment in Kalpana
Taram (supra).
6. The impugned communication dated
22/11/2022 is hereby quashed and set aside.
7. The respondent No.2 is hereby directed to
substitute name of petitioner No.2 in place of petitioner
No.1 in the waiting list of candidates seeking
compassionate appointment and to consider petitioner
No.2's candidature for future appointment in Zilla
Parishad, Bhandara.
8. Rule is made absolute in above terms. No
order as to costs.
(Judge) (Judge)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 20/08/2024 17:45:19
