YOGESH DILIP DEVRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of parties petition is taken up for final hearing.

(2.) By this petition, Petitioner challenges order dated July 6, 2023 passed by the Maharashtra Administrative Tribunal (Tribunal) dismissing the Original Application No.785 of 2023. The Original Application was filed by the Petitioner challenging order dated April 25, 2023 and communication dated June 05, 2023 by which allotment of residential quarter in his favour is cancelled and he has been directed to handover possession of the same. The Tribunal has dismissed the Original Application holding that issue involved therein does not fall within it's jurisdiction as the same has already been dealt with by City Civil Court, Mumbai.

(3.) Briefly stated, facts of the case are that Petitioner's father was employed in Aarey Dairy and was allotted residential accommodation bearing quarter No. FQ 10, Government Colony, Unit No.2, Central Warehouse, Aarey Milk Colony, Goregaon (East), Mumbai-400 065. The Petitioner's father was declared as surplus in the Dairy Department and was absorbed on the post of Peon in the General Administration Department, Mantralaya, Mumbai. He was permitted to occupy the same residential accommodation of Aarey Dairy. Petitioner's father died in harness on September 19, 2015. He submitted application for compassionate appointment on October 8, 2015. Same remained undecided. The family however continued to occupy the residential quarter under a hope that Petitioner would be appointed in service on compassionate ground.