STATE OF MAHARASHTRA Vs. CHHAYA VISHWAS BHOSALE

JUDGEMENT

(1.) By this petition under Article 226 and 227 of the Constitution of India, the Petitioner-State seeks to challenge the order dated 23 rd January 2020, passed by the Maharashtra Administrative Tribunal (for short "Tribunal"), whereby the Original Application (O.A.) No.863 of 2017 filed by the Respondents was allowed and the Petitioner-State were directed to consider the application for appointment on compassionate ground.

(2.) Narrative of Events:-

(3.) The Petitioner-State submitted that there is no provision in 2005 Government Resolution for substituting Respondent No.2 in place of Respondent No.1 for being considered for appointment on compassionate ground. The Petitioner-State further submitted that Respondent No.1 having reached age of 40 years, the Petitioners were justified in deleting her name as per the Government Resolution issued on 22/8/2005. The Petitioner-State further submitted that the Respondents have survived from 2006 till today and, therefore, direction of the Tribunal to consider the Respondent No.2 for compassionate employment would be contrary to the objective of the scheme dealing with the compassionate appointment. The Petitioners relied upon the decision in the case of Umeshkumar Nagpal Vs. State of Haryana, 1994 (4) SCC 138 and decision of the Full bench of Nagpur Bench of this Court in the case of Nilima Khapekar Vs. Executive Director, Bank of Baroda in Writ Petition No.3907 of 2021 and submitted for quashing of the Tribunal's order dtd. 23/1/2020.