Archana Bhaskar Khapare v. Chief General Manager Maharashtra State Electricity Centre And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2023.04.28 12:29:59 +0530 WRIT PETITION NO. 2643 OF 2022 Archana Bhaskar Khapare ..... Petitioner Vs.

Chief General Manager, Maharashtra State Electricity Centre and Ors.

..... Respondents Mr.Aditya Raktade for the Petitioner Mr.Ashish A. Alaspurkar for the Respondent nos.1 to 4

CORAM:

S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

DATED :

APRIL 27, 2023 P.C.

1.

The Petitioner seeks appointment on compassionate ground. So also seeks release of the proceeds of gratuity, provident fund and other service benefits. The mother in law is not a party to this Petition. As such as far as prayer clause (b) is concerned, the same cannot be adjudicated.

2.

With regard to the prayer for appointment on compassionate ground, it is submitted that the mother in law has raised an objection. The Petitioner is wife of the deceased. Naturally, she is the claimant. It is not disputed by Respondent nos.1 to 4 that mother in law is aged 60 to 62 years. She cannot be granted employment on Mohite 1/2

31 wp2643-22.docx compassionate ground at this age. The written objection is raised by the mother in law. The Respondent authority may consider the objection and take a decision with regard to the appointment to be made. The Respondents can employ one member of the family only. Apart from the Petitioner, her minor son and mother in law, no other claimant appears to be there.

3.

In view of that, it will not be an impediment for the Respondents to take a decision with regard to the appointment of the Petitioner on compassionate ground upon considering the objection of the mother in law.

4.

With these observations, Writ Petition is disposed of. (SANDEEP V. MARNE, J) (ACTING CHIEF JUSTICE) Mohite 2/2