Smt. Kiran Khushal Manwar, Before ... vs State Of Maharashtra, Thr. The ...
2024 Latest Caselaw 6871 Bom

Bombay High Court

Smt. Kiran Khushal Manwar, Before ... vs State Of Maharashtra, Thr. The ... on 4 March, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

26-WP-1276-24.odt                                                                                                     1/2


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

                                       WRIT PETITION NO.1276 OF 2024

 Smt Kiran Khushal Manwar after marriage name Maya Debuji Kale, Tah. Digras, Dist. Yavatmal
                                                                -vs-
State of Maharashtra, Thr. Secretary, General Administration Dept. Mantralaya, Mumbai and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and the Registrar's orders.
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                 Shri A. A. Dhawas, Advocate for petitioner.
                 Shri N. S. Rao, Assistant Government Pleader for respondents.

                 CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATE : March 04, 2024

1. Heard.

2. After the petitioner's request was adhered for grant of compassionate appointment, her name was included in wait listed candidates. However, vide impugned communication dated 23/05/2023 it was informed to the petitioner that in view of Clause 11(aa) of the Government Resolution dated 21/09/2017 her name was deleted from the waiting list on the ground that she has crossed the age of 45 years.

3. It is claimed by the learned counsel for the petitioner that the issue is covered by judgment in Latikabai Uttam Mahajan vs. State of Maharashtra Through its Secretary and Others 2023 SCC Online Bom 2798 delivered by the Division Bench at Aurangabad. In para 14 of the said judgment it is observed thus :

" 14. ..... we conclude that Clause 11(aa) under Annexure 'A' of the Government Resolution dated 21/09/2017, would not be applicable to cases wherein the candidate has applied for compassionate appointment within limitation and was eligible when the application was tendered. Subsequently, if such candidate crosses 45 years of age only because of the pendency of the application or awaiting a vacancy, his/her name cannot be automatically deleted from the list

in which he/she has been included....."

4. In the aforesaid background, issue notice to the respondents, returnable on 26/03/2024. Notice to indicate that the petition will be taken up for final disposal at admission stage.

5. The learned Assistant Government Pleader waives service of notice for respondent Nos.1 to 3.

(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

Asmita

Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 05/03/2024 15:20:55