SHUBHANGI VITTHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed for quashing and setting aside the letter dtd. 22/6/2021 issued by the Deputy Commissioner, Public Service Department of Nashik Municipal Corporation. The Petitioner has also prayed for issuing directions for substituting the name of the Petitioner in place of her brother's name mentioned at serial no. 22 in the waitlist maintained by Nashik Municipal Corporation for appointment on compassionate ground.

(2.) It is the case of the Petitioner that the Petitioner's father was employed by Nashik Municipal Corporation as a senior clerk, and he worked in that post till his death. The Petitioner's father expired on 27/4/2014 while discharging his duties. After the demise of Petitioner's father, her brother Gouresh Kamodkar who was then eligible from the family for appointment on compassionate ground filed an application on 17/5/2014. The Petitioner's case is that she completed her graduation in the year 2018. Considering her qualification, she became eligible to seek an appointment on compassionate ground. Hence, by letter dtd. 5/6/2021, she requested the Nashik Municipal Corporation to consider her appointment on compassionate ground and substitute her name in place of her brother, who was already listed on the waitlist. The Petitioner's brother submitted no objection to such substitution of the name in the waitlist.

(3.) The Deputy Commissioner, Public Service Department of Nashik Municipal Corporation, by letter dtd. 22/6/2021, informed her brother Gouresh Kamodkar to submit the documents pursuant to his application for the purpose of confirmation of his candidature in the waitlist for appointment on compassionate ground. It is the case of the Petitioner that though the Petitioner's application dtd. 5/6/2021 for substituting her name in place of her brother was pending, a requisition for compliance was issued to her brother. The Petitioner, therefore, contended that the letter of requisition for submitting the documents issued to the Petitioner's brother amounts to a rejection of the Petitioner's request to substitute her name in place of her brother. Hence, the Petitioner filed the present Petition seeking necessary directions for setting aside the letter dtd. 22/6/2021 as well as for the issuance of directions to substitute the name of the Petitioner in place of her brother for the purpose of appointment on compassionate ground.