SANDEEP MADHUSUDAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY invoking Article 226 of the Constitution of India, the petitioner has approached this Court directing Maharashtra State Electricity Board ("m. S. E. B. " for short) to take both the petitioners or in the alternative one of the petitioners in service on compassionate ground commensurate to their/his educational qualifications.

(2.) THE case of the petitioners is that both the petitioners are sons of one Madhusudan Patil, who was serving with the respondent No. 2 who died in an accident on 5/11/1975 while on duty. As Madhusudan patil died while he was on duty, an application was made by his widow to give her appointment on compassionate ground. It appears that the said application was granted and the widow of the deceased madhusudan patil was offered an appointment. She, however, refused the offer because of family circumstances. It is the case of the petitioner that thereafter an application was made by the petitioners on 1/11/1990 and again on 18/01/1996 praying for giving an appointment on compassionate ground. The grievance of the petitioners is that neither the petitioners had been offered appointment nor their application had been decided.

(3.) THE learned counsel for the petitioners contended that as per policy of M. S. E. B. , the cases of the petitioners ought to have been considered for compassionate appointment keeping in view that the decision of the m. S. E. B. providing that such application could be made by heirs of deceased employee within a period of five years of attaining age of majority. In the instant case, such application had been given within the stipulated period by the petitioners after attaining majority. Non-consideration of such application, therefore, is illegal and appropriate directions are required to be issued.