ABHISHEK WANKHADE Vs. TRIBAL WORK (WELFARE) DEPARTMENT

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 5/2/2019 (Annexure P/1) passed by respondent No.2, whereby his application for appointment on compassionate basis has been rejected.

(2.) Undisputed facts of the case are that father of the petitioner Late Shri Jitendra Wankhade was working on the post of Assistant Teacher under the respondents and was posted at respondent No.3, School. He died in harness on 12/7/2013. At that time, petitioner was a minor his date of birth being 28/8/1997.

(3.) On 21/1/2017, the petitioner made an application for his appointment on compassionate basis in term of the policy dtd. 29/9/2008 of the respondents in that regard. The said application has been rejected by the impugned order by observing that the same has been made after a period of one year from the date when petitioner has attained majority hence as per Clause 3.2 of the policy, the same has been preferred after expiry of the prescribed period hence petitioner does not have any right for being considered for appointment on compassionate basis.