RANJITA GAUTAM SADASHIV Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Petitioner seeks appointment on compassionate basis in place of her husband who was a Secondary School Teacher and passed away on 5/3/2016. The legal impediment is that the Petitioner has three children and the third child is born on 12/10/2004, after the cut-off date 31/12/2001 prescribed by the G R dtd. 28/3/2001. The elder daughter of the Petitioner has got married. The learned Advocate for the Zilla Parishad submits that the Petitioner has received Rs.17,79,266.00 (Rupees Seventeen Lakh Seventy Nine Thousand Two Hundred Sixty Six), towards the service benefits on account of her husband 's demise. She is receiving Rs.33,000.00 per month as pension. Her second daughter is now 20 years of age and her third child, a son, is 18 years of age.

(3.) The learned Advocate for the Petitioner places reliance upon a notification dtd. 28/3/2005 issued by the Deputy Secretary, State of Maharashtra, to support the contention that the said notification requires a declaration of small family as one of the essential qualifications for recruitment on posts in group A, B, C and D in the Government Department. It prescribes the cut-off date and children more than two, born after this date i.e. 28/3/2005, would alone disqualify the Petitioner. However, as the Petitioner 's third child is born on 12/10/2004, the bar on having more than two children prior to the date of the notification, would not be an impediment for the Petitioner to seek compassionate appointment.