NAGORAO JAGANNATH PANDIT Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The Petitioner seeks direction for appointment on compassionate ground.

(2.) The resume of facts, for consideration of the petition, would suffice:

(3.) On behalf of the Respondents, return is filed, sworn in by Mr. Santosh Vithalrao Kawade, Deputy Chief Executive Officer (General), Zilla Parishad, Aurangabad. The Respondents have received the application of the Petitioner dated 17th August, 2000 for appointment on compassionate ground. In para 6 of the return, it is pleaded by the Respondents that name of the present Petitioner was enrolled in the register maintained for appointment on compassionate ground at Zilla Parishad level. Fact that Petitioner has given willingness to accept the post in Class-IV category is also admitted by the Respondents. In para 7 of the return, the Respondents, apart from the Government Resolution dated 26th October, 1994, have referred to a communication dated 26th January, 1988 [Exhibit R-1] addressed to Chief Executive Officer, Zilla Parishad, Nanded by the Secretary of the State Government. According to the Respondents, brother of the Petitioner viz. Eknath Jagannath Pandit is working in Tahsil office. It is the duty of the said Eknath, elder brother of the Petitioner, to take care of the family. Mr. Eknath Jagannath Pandit, the elder brother of the Petitioner, who is in Government employment, cannot escape from social obligation to maintain the family. Family pension, to wife of deceased employee Jagannath, is also given by the Respondents. The Respondents, on scrutiny of the case of the Petitioner, on the touchstone of the Government Resolution, felt that Petitioner cannot be appointed on compassionate ground.