ANAND BALASAHEB DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the parties at the stage of the admission.

(2.) By the present petition under Article 226 of the Constitution of India, the Petitioner has put forth prayer clause 'B' as under:

(3.) In nutshell, facts giving rise to this petition are that Smt. Suman Balasaheb Deshmukh, who is the mother of the Petitioner was appointed as a Junior Clerk at the establishment of Respondent No. 4 on 12/10/1987. She was posted at District Court Ambejogai, District Beed. She was holding post of group "C" cadre. Petitioner's mother (Smt. Suman Balasaheb Deshmukh) died on 23/12/2007 in a road accident. According to the Petitioner her mother was the only bread earner in his family. He, his father and grandparents were dependent on the income of his mother. His father is a casual labour and above age of 48 years. At the time of death of his mother, he was 7 years old, therefore, being minor, he was not eligible to apply for employment immediately after the death of his mother and he was also taking education by that time. Petitioner obtained degree of B. Sc., Computer Science in 1st Division and simultaneously, he has completed technical courses viz., (i) Course of C-Language (Computer), (ii) M.S.C.I.T., (iii) English Typing 40 W.P.M. and (iv) Marathi Typing 30 W.P.M. Therefore, after attaining the age of majority, on 29/9/2021, he submitted an application with Respondent No. 4 and thereby prayed for grant of appointment on the compassionate ground, however, Respondent No. 4 issued the impugned communication dated 15 th May, 2024 and rejected the request of the Petitioner on ground the that, the application is not filed within the limitation of one year from the date of death of employee.