Bombay High Court
Jayshree D/O Sukhdev Ramteke (Jayshree ... vs State Of Maharashtra, Thr. Secretary ... on 23 January, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:917-DB
(1) 901wp7717.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.7717/2022
Jayshree s/o Sukhdev Ramteke (Jayshree Machindra Mahajan) Vs. State of
Maharashtra & another
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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. Sagar Thakkar, Advocate for petitioner.
Mr. S.M.Ukey, AGP for the respondent no.1.
Mr. A.S.Mehadia, Advocate for respondent no.2.
CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATED : 23/01/2024.
1. The prayer of the petitioner is for grant of compassionate
appointment based on the Government policy, as reflected in the Resolution
dated 20th May, 2015.
2. The father of the petitioner Sukhdev was in the employment of the
respondent no.2 - Corporation, who expired on 30th March, 1992. Sunanda
widow of Sukhdev and the mother of the petitioner was granted compassionate
appointment, who also expired on 10 th April, 1999. As a sequel of which the
brother of the petitioner Amol was put on the wait list for grant of the
compassionate appointment. Unfortunately, brother Amol expired in the year
2013. As a sequel of which, the petitioner, who claims to be divorcee sought
an appointment on compassionate ground in place of her mother. Such prayer
of the petitioner, which was moved through application dated 7 th May 2013
came to be rejected on 16th March, 2015.
3. The State Government thereafter changed their policy and issued
the Resolution dated 20th May, 2015 permitting such substitution.
(2) 901wp7717.2022
4. As such, it is the case of the petitioner that the petitioner should
have been granted benefit of the policy reflected in the G.R. dated 20 th May,
2015.
5. Drawing support from the Division Bench judgment of this Court in
the mater of Shubhangi Vitthal Kamodkar Vs. State of Maharashtra and others
reported in 2023 (6) Mh.L.J.188, it is claimed that the aforesaid policy can be
given effect to retrospectively.
6. As against the aforesaid contention, Mr. Mehadia, learned counsel
for the respondent no.2 - Corporation before it the prayer of the petitioner is
said to be pending for consideration for grant of the compassionate
appointment, would urge that such prayer of the petitioner was rejected way
back on 16th March, 2015. According to him, the respondent no.2 considering
the very object of the policy reflected in the Government Resolution dated 20 th
May, 2015 has sought clarification from the Government as to whether same
can be given retrospective effect. According to Mr. Mehadia, the State
Government vide communication dated 29th July, 2021 has clarified that the
policy reflected in the Resolution dated 20 th May, 2015 is prospective and as
such benefit cannot be extended to the petitioner.
7. The fact remains that the communication dated 29 th July, 2021 is
not placed on record.
8. As such, in response to the Court's query, Mr. Mehadia assures that
the copy of the said communication shall be made available to the counsel for
petitioner within one week from today.
(3) 901wp7717.2022
9. In view of the above, as prayed, leave to amend so as to question
the said communication. Amendment to be carried out within two weeks
thereafter.
10. Needless to clarify that the counsel for the petitioner shall have
right to amend the entire petition.
11. Amended petition be substituted in the present format and copy be
served on the learned counsel for the respondents, who are at liberty to file
their replies within a period of three weeks thereafter.
12. Post the petition for consideration on 27th February, 2024.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
Ambulkar
Signed by: Ambulkar (MLA)
Designation: PS To Honourable Judge
Date: 23/01/2024 17:59:28
