DHULAJI SHRIMANT KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus to enjoin the respondents to employ the petitioner on compassionate ground.

(2.) Petitioner's father, Shrimant Tukaram Kharat ('deceased' for short) was working as a Driver with the Bori Medium Project, Solapur, died in harness on 12th January, 2008. As on that date, the petitioner was minor. His date of birth is 1st May, 1992. Deceased left behind him two minor daughters, two minor sons and wife. It is the petitioner's case that, on 30th June, 2008 her mother sworn an Affidavit whereby she submitted particulars of the legal representatives of the deceased and requested respondents no.2 and 3 to consider her application for appointing her son on compassionate ground upon attaining the age of majority.

(3.) That vide letter dated 1st June, 2013, the petitioner requested the respondent no.3 to consider the application preferred by his mother in June, 2008. It was not responded by the respondent no.3 and thus on 9th June, 2014 the petitioner again submitted an application with relevant documents and requested respondents no.2, 3, 4 and 5 to consider his case for appointment on compassionate ground. This application was forwarded to Executive Engineer-respondent no.5 for consideration. It appears, respondent no.2-Superintendent Engineer addressed a letter to the Executive Engineer on 18th July, 2014 and acknowledge the fact that petitioner's mother had submitted an application and affidavit dated 30th June, 2008. The respondents, however, declined to consider the request on the ground that the petitioner had not filed an application within one year from the date on which he attained the age of majority.