Bombay High Court
Ashlesha Wd/O. Rupesh Tikhe vs State Of Maharashtra, Thr. Secretary, ... on 11 January, 2024
Author: Avinash G. Gharote
Bench: Avinash G. Gharote, M. S. Jawalkar
2024:BHC-NAG:429-DB
38-wp4674.23-J.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4674 OF 2023
Ashlesha wd/o Rupesh Tikhe, age 32 Petitioner
years, Occu.: Housemaker, R/oC/o.
Pralhad s/o Mahadeorao Pandhare, A/p
Bramhanwada Govindpur, Tq.and
Dist.Amravati.
-Vs.-
1. State of Maharashtra, through its Respondents
Secretary, Ministry of Energy, New and
Reenwable Energy, Mantralaya, Mumbai -
32.
2. Maharashtra State Electricity Distribution
Company Ltd., Prakash Gadh, Fort,
Mumbai-32, through its Chairman and
Managing Director.
3. Executive Engineer, Maharashtra State
Electricity Distribution Company Limited,
Divisional Office, Morshi, Tq.Morshi,
Dist.Amravati.
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Mr.S.S.Shingane, counsel for the petitioner.
Ms Prachi Joshi, AGP for the respondents-State.
Mr.C.A.Mohgaonkar, counsel for the respondent No.3.
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CORAM : AVINASH G. GHAROTE &
SMT. M. S. JAWALKAR, JJ.
DATE : 11TH JANUARY, 2024
KHUNTE
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ORAL JUDGMENT (PER: Avinash G. Gharote)
Heard Mr.S.S. Shingane, learned counsel for the petitioner,
Ms Prachi Joshi, learned AGP for the respondents-State and
Mr.C.A.Mohgaonkar, counsel for the respondent No.3.
2. Rule. Rule made returnable forthwith. The petition is
heard finally with the consent of the learned counsel for the parties.
3. The petition pertains to the claim of the petitioner for
compassionate appointment on account of demise of her husband
Rupesh Tikhe, who was working with the respondents. The petitioner
is aggrieved by the demand of NOC by respondent Nos.2 and 3, from
the parents of the deceased, who appear to have declined to give the
same. The age of the father-in-law is 67 years and that of the mother-
in-law is 56 years and therefore, under the policy of compassionate
appointment, they will not be eligible to receive any employment. In
that view of the matter, the insistence of the respondent Nos.2 and 3
for NOC from the in-laws would not be justified. Therefore, in case the
application of the petitioner satisfies the other requirements of the
policy, the same shall be considered by the respondent Nos.2 and 3 in
terms of the policy. The petition is disposed of in the above terms.
4. In view of above, Rule is made absolute. No costs.
Signed by: Mr. G.S. Khunte
(SMT.M.S.JAWALKAR, J) (A.G.GHAROTE, J)
Designation: PS To Honourable Judge
Date: 12/01/2024 15:09:08 KHUNTE
