Citation : 2024 Latest Caselaw 14049 Bom
Judgement Date : 3 May, 2024
4691.24wp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
P-1 WRIT PETITION NO. 4691 OF 2024
SUCHITA NARAYAN SONNI
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SOCIAL
JUSTICE AND SPECIAL ASSISTANCE DEPARTMENT AND
OTHERS
....
Ms Akshara S. Madake, Advocate for Petitioner;
Mr S. K. Tambe, A.G.P. for Respondent No.1
CORAM : RAVINDRA V. GHUGE
AND
R. M. JOSHI, JJ.
DATE : 3rd May, 2024
PER COURT:
1. A grave urgency was expressed before us at 10:30
a.m., citing the reason that the Petitioner, who is a compassionate
appointee, is likely to be terminated by the
Respondent/Maharashtra State Electricity Transmission Company
Limited, today or tomorrow. Hence, we have taken this matter on
the production board.
2. Heard the learned Advocate for the Petitioner. A
notice has been published by the said Company, dated 29/04/2024 4691.24wp
wherein, Clause 4 indicates that those deceased employees who
have not tendered their caste or tribe certificates during their
service tenures, prior to their demise while in service, their
L.Rs./compassionate appointees will have to submit validity
certificates, failing which, their appointment orders would be
cancelled.
3. The learned Advocate for the Petitioner informs us
that, the father of the Petitioner had secured employment on the
post reserved for 'Bhoi' caste, which is recognized as a Nomadic
Tribe (B). He did not tender the validity certificate before he
passed away while in service. The Petitioner has been granted
compassionate appointment. She has also secured a validity
certificate, dated 25/01/2022 and the same was tendered to the
Employer/Company. Hence, the service of the Petitioner was
continued.
4. Issue notice to the Respondents, returnable on
01/07/2024. The learned A.G.P. waives service of notice on
behalf of Respondent No.1.
4691.24wp
5. Until further orders, we direct Respondent Nos.2 to
4/Company, not to terminate the services of the Petitioner, since
she already has a validity certificate and she is squarely covered
by the judgment of the Full Bench of this Court in Om s/o
Bhagwanrao Anjanwad Vs. State of Maharashtra and others,
(2022) 4 Mh.L.J. 723.
6. All office objections shall be removed on or before
20/06/2024, failing which, this Writ Petition shall stand dismissed
without further reference to the Court, on 21/06/2024.
(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.)
sjk
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