STATE OF MAHARASHTRA Vs. TANMAY SUNIL GITE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(2.) By this petition, the Petitioner-State is challenging the Judgment and Order dtd. 13/07/2023 in the Original Application No. 1326 of 2022 passed by the Member, Maharashtra Administrative Tribunal, Mumbai, (for short 'the Tribunal'). By the said impugned order, the Tribunal has allowed the said Original Application filed by Respondent, thereby quashing the impugned communication dtd. 25/11/2022 therein and directing the Petitioner-State to consider the claim of Respondent for compassionate appointment and taking his name in the waiting list on suitable post subject to fulfillment of terms and conditions.

(3.) Few facts necessary for disposal of this Petition are as under. The Respondent is the son of a government servant - Late Mr. Sunil B. Gite, who was the police constable and who died on 23/04/2010. Mr. Sunil had two wives. First wife is Smt. Surekha from whom he has a daughter by name Komal. During subsistence of marriage with Surekha, Mr. Sunil married with Smt. Shivani from whom he has two children viz. the Respondent (Tanmay) and Samiksha. Respondent is born on 09/01/2003. Admittedly, the Respondent is a child born from an illegitimate marriage. At the time of the death of Mr. Sunil, the Respondent was 7 years old minor. On attending majority on 09/01/2021, the Respondent made an application for compassionate appointment. This application is dtd. 30/09/2022. Alongwith the application, an affidavit of the step-mother and step sister of the Respondent i.e. Smt. Surekha and Mr. has been filed, giving consent to the Respondent being considered for compassionate appointment.