Avinash Madan Kamble vs The State Of Maharashtra Through ...
2024 Latest Caselaw 3617 Bom

Bombay High Court

Avinash Madan Kamble vs The State Of Maharashtra Through ... on 6 February, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

2024:BHC-AS:5935-DB


                                                                                       28 WP-2930-23.doc

 BDP-SPS-



  BHARAT
  DASHARATH
  PANDIT
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  Digitally signed
  by BHARAT
                                         CIVIL APPELLATE JURISDICTION
  DASHARATH
  PANDIT
  Date: 2024.02.07
  16:14:25 +0530
                                        WRIT PETITION NO. 2930 OF 2023

                     Avinash Madan Kamble                           .... Petitioner.
                          V/s
                     The State of Maharashtraa & Ors.               .... Respondents.

                     Ms. Priyanka Gupta h/f Mr. Rupesh Zade for the Petitioner.
                     Mr. R.P. Kadam, AGP for Respondent Nos. 1 to 3/State.

                                              CORAM: A.S. CHANDURKAR &
                                                         JITENDRA JAIN, JJ.

                                               DATE:     6th FEBRUARY, 2024

                     P.C.:-

                     1]       Heard.



                     2]       The challenge raised in this Writ Petition is to the Judgment

dated 11/07/2019 passed by the Maharashtra Administrative Tribunal,

thereby dismissing the Original Application preferred by the Petitioner

seeking an appointment on compassionate ground. Father of the

Petitioner was in service with the State Reserve Police Force. While on

duty, he suffered 46% hearing disability on 10/11/1991. The

Petitioner's father sought voluntary retirement on 01/12/2003 and

after completion of period of three months, stood retired on

28 WP-2930-23.doc

29/02/2004. The Petitioner who attained the age of majority on

05/05/2006 made an application for appointment on compassionate

ground on 21/11/2016. This application was rejected on 07/05/2018.

This rejection was the subject matter of challenge before the

Maharashtra Administrative Tribunal. The Tribunal found that since

the Petitioner's father sought voluntary retirement, the Government

Resolution dated 17/07/2007 on which the Petitioner has relied was

not applicable. The reason for seeking voluntary retirement was not

indicated in the application. It is only for the first time on 21/11/2016

which was 10 years after the Petitioner attained majority that his father

sought appointment of his son on compassionate ground. The Tribunal

has held that longtime spent indicated that there was no dire need of

any source of earning in the family.

3] We find that Tribunal has considered all relevant aspects while

proceeding to dismiss the Original Application. There being no error of

jurisdiction, we are not inclined to interfere in writ jurisdiction. The

Writ Petition stands dismissed.

[ JITENDRA JAIN, J. ]                      [ A.S. CHANDURKAR, J.]