GOPAL RAMKRUSHNA LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is aggrieved by the communication dtd. 23/3/2022 that has been issued by the office of the Executive Engineer, World Bank Project Department, Akola - respondent No.3 refusing to condone the delay in applying for compassionate appointment.

(2.) The petitioner's father was engaged as a Labour with respondent No.3 who expired on 20/9/2003. Initially the petitioner's mother made an application for grant of compassionate appointment. That application was, however, rejected on 14/1/2004. The petitioner who was a minor at that point of time attained age of majority on 2/3/2011. He thereafter made an application for appointment on compassionate basis on 4/4/2013. This application of the petitioner came to be rejected on 3/5/2014 on the ground that the said application was made beyond period of one year of attaining the age of majority. It appears that for a period of almost seven years the petitioner did not take any step. He again applied for appointment on compassionate basis on 1/2/2021. In terms of the Government Resolution dtd. 21/9/2017 the authority to condone the delay in making such application was with the State Government and hence by communication dtd. 3/8/2021 a direction was issued in that regard. Pursuant to the said communication, the impugned order has been passed.

(3.) Having heard the learned counsel for the parties we find that after rejection of the petitioner's application dtd. 2/3/2011 on 04. 4.2013 the petitioner has waited for a period of almost seven years before making a fresh application. In our view this time taken by the petitioner in making a prayer for compassionate appointment indicates that the petitioner was not in financial distress and was able to survive.