Naina Wd/O Ashish Patil vs The Managing Director, Maha. State ...
2024 Latest Caselaw 667 Bom

Bombay High Court

Naina Wd/O Ashish Patil vs The Managing Director, Maha. State ... on 11 January, 2024

Author: Avinash G. Gharote

Bench: Avinash G. Gharote, M.S. Jawalkar

2024:BHC-NAG:370-DB
                                         1                        20-wp-796-2023-J.odt


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

                             WRIT PETITION No. 796 OF 2023

                  PETITIONER:        :       Mrs. Naina Wd/o Ashish Patil,
                                             Age 27 years, R/o C/o Nanaji
                                             Parasramji Raut, Plot No.24, Santoshi
                                             Mata Nagar, Near EPFO Office,
                                             Nagpur, Maharashtra 440024

                                                  Vs.
                  RESPONDENTS : 1            The Managing Director, Maharashtra
                                             State Electricity Distribution Company
                                             Limited, Mahavitaran Company,
                                             Hongkong Bank Building, M.G.Road,
                                             Fort, Mumbai 400001

                                         2   The Managing Director, Maharashtra
                                             State Electricity Distribution Company
                                             Limited, Mahavitaran Company,
                                             Prakashgad, Plot No. G-9, Anant
                                             Kanekar Marg, Bandra (East),
                                             Mumbai - 400051

                                         3   The Executive Engineer, Maharashtra
                                             State Electricity Distribution Company
                                             Limited, i.e. Mahavitaran Company,
                                             Goregaon Division, Goregao, Tahsil
                                             Mangaon, Raigadh 402103

                                         4. Smt. Ratnamala Hemant Patil,
                                            Aged about 55 years,
                                            Occupation : Household,
                                            resident of at Wadad, Post Selsura,
                                            Tahsil and District Wardha

                      Mr. Aditya Pande, Advocate for the petitioner
                      Mr. A.D. Mohagaonkar, Advocate for Respondent Nos.1 to 3
                     2                           20-wp-796-2023-J.odt


                        CORAM:    AVINASH G. GHAROTE AND
                                  SMT. M.S. JAWALKAR, JJ.

                        DATED : 11th JANUARY, 2024



ORAL JUDGMENT (Per : AVINASH G. GHAROTE, J.)

Rule. Rule is made returnable forthwith. Heard Mr.

Aditya Pande, learned counsel for the petitioner and Mr. A.D.

Mohagaonkar, learned counsel for the respondent Nos.1 to 3.

None appears for the respondent No.4 though served.

2. The petition pertains to the claim of the petitioner

for compassionate appointment on account of demise of her

husband Ashish Patil, who was working with the

respondents. The petitioner is aggrieved by the demand of

NOC by respondent Nos.1 to 3, from the respondent No.4,

the mother-in-law of the petitioner, who appears to have

declined to give the same. The age of the mother-in-law i.e.

respondent No.4 is reported to be 56 years of age and,

therefore, under the policy of compassionate appointment,

she will not be eligible to receive any employment. In that

view of the matter, the insistence of the respondent nos.1 to 3

for NOC from the respondent No.4 would not be justified.

Therefore, in case, the application of the petitioner satisfies 3 20-wp-796-2023-J.odt

the other requirements of the policy, the same shall be

considered by the respondent Nos.1 to 3 in terms of the

policy. The petition is disposed of in the above terms. No

costs.

Rule is made absolute in above terms.

(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 11/01/2024 16:21:18