STATE OF MAHARASHTRA Vs. REHANA AKBAR SHAIKH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both the sides, the petition is taken up for fnal hearing.

(2.) The State of Maharashtra has fled the present Petition challenging judgment and order dtd. 9/5/2019 passed by the Maharashtra Administrative Tribunal, Mumbai ( "Tribunal ") partly allowing Original Application No.1091 of 2017 fled by Respondents seeking compassionate appointment. The Tribunal has directed consideration of Respondents ' case for compassionate appointment.

(3.) Brief facts leading to fling of present Petition are that the husband of Respondent No.1 and father of Respondent No.2, Akbar Shaikh was working as Police Constable who died in harness on 5/7/2000. On 24/12/2004, an application was made for grant of compassionate appointment in favour of Smt. Sherifa, the eldest daughter of late Akbar Shaikh. Letter dtd. 8/11/2010 was issued to Sherifa calling her upon to remain present with original documents as few posts of junior clerks were proposed to be flled. Smt. Sherifa, however, did not act on the requisition and instead the mother made an application dtd. 6/12/2010 informing Petitioner that Smt. Sherifa was already married and the mother is dependent on her minor son Anis aged 15 years. The mother therefore requested to place the name of Anis on waiting list till he attained the age of 18 years. Anis made an application for compassionate appointment on 2/3/2015 and by letter/order dtd. 10/3/2017, the application came to be rejected on the ground that it was not permissible to substitute the name in the waiting list. The said letter/order dtd. 10/3/2017 became the subject matter of challenge before the Tribunal. Aggrieved by the rejection, Respondents instituted Original Application No.1091 of 2017 before the Tribunal seeking compassionate appointment in favour of Anis by substituting his name in the place of Smt. Sherifa. By the judgment and order dtd. 9/5/2019, the Tribunal has proceeded to dismiss the Original Application.