SHUBHAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) The matter is finally heard by the consent of the parties.

(3.) By this petition, the petitioner is seeking the direction to the respondents to consider the claim of the present petitioner for the compassionate appointment. As per contention of the petitioner, petitioner is son of deceased employee Surendra Kumar Ishrawat who was working as a Headmaster with the respondent No.2, Zilla Parishad, Gondia. The deceased Surendra Kumar Ishrawat while discharging his duty on 7/8/2012 expired. After the death of Surendra Kumar his wife Sangita had applied for appointment on compassionate ground within prescribed period on 6/12/2012. Accordingly, her name was included in the waiting list for appointment on compassionate ground. During the year 2012-2028 no appointment was granted to the mother of the petitioner, therefore, she had made the representation to the respondent authorities on 13/10/2016 for substitution of name of her son to be included in the waiting list. Thereafter, the petitioner has also made a representation to respondent No.4 for including his name in the waiting list. Though, they have diligently taken the follow up for appointment but no steps are taken by the respondents to substitute the name of the petitioner in the waiting list. On 2/2/2017 reply was given to the petitioner's mother contended that there is no provision for substitution of name. The name of the mother of the petitioner was deleted from the waiting list because she had attained the age of 45 years and now in view of policy she is not eligible for appointment on compassionate ground. As per contention of the petitioners, the respondent authorities neglected their proposal for appointment on compassionate ground which is in contravention of the legitimate right of the petitioner and dehors the scheme of compassionate appointment and therefore, preferred this petition for directions to the respondent No.2 to consider the petitioner's application for grant of compassionate appointment.