ASAD ABDULRAHIM SAYYAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent of both sides, heard finally at the stage of admission.

(2.) This Petition is filed for seeking direction to Respondent Nos. 3 and 4 to issue compassionate appointment to the Petitioner in view of application and proposal forwarded by Respondent No. 4 to Respondent no. 3 on 2/2/2019, on any suitable and available post as per educational qualification of the Petitioner.

(3.) Father of the Petitioner was appointed in the services of Aurangabad Regional Electricity Board, Public Works Department, Aurangabad on 6/7/1967. He was permanent employee and was working on the post of Naik. He was in service till 30/1/2004. It is the claim of the Petitioner that his father was not getting well and was hospitalized and unfortunately died on 6/2/2004. After the death of the father of the Petitioner, the wife of the deceased had filed application before Civil Court, Aurangabad bearing MARJI No. 455/2004 for getting succession certificate. By order dtd. 15/9/2006 succession certificate was granted. It is his further contention that another suit came to be filed bearing RCS No. 490/2005 by second wife of deceased, which was disposed of on 22/8/2006. Subsequently, internal dispute between the parties was resolved and for getting the compassionate appointment, applications were made with Respondent Nos. 3 and 4. He further claims that in response to the application/representation filed by the Petitioner Executive Engineer, PWD vide letter dtd. 19/1/2019 directed the Petitioner to submit necessary documents along with application in prescribed form so as to enable him to forward the proposal for appointment of the Petitioner. The said proposal was forwarded on 2/2/2019 by Authority but failed to issue the compassionate appointment.