Subhash Shesherao Sathe v. The State Of Maharashtra And Others
2025:BHC-AUG:6690-DB 1 922.WP-2262-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 922 WRIT PETITION NO. 2262 OF 2025 SUBHASH SHESHERAO SATHE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS .....
Advocate for the Petitioner : Mr. S. N. Lale Yelwatkar Addl.GP for Respondent/State : Mr. P.S.Patil ...
CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.
DATE : 05th MARCH 2025 PER COURT :
1.
Heard learned counsel for the petitioner.
2.
The petitioner's father had taken the voluntary retirement on 11.03.2012 as he was suffering from Tuberculosis. Within seven months he died. Eleven years after the death of the father, petitioner moved an application to the management for appointment on compassionate ground. The request of the petitioner has been rejected mainly on the ground that since the father of the petitioner got voluntary retirement due to Tuberculosis and in view of Government Resolution dated 22.08.2005, the compassionate appointment is available only to the heirs of the employees who died in harness when they were in service, no appointment could be granted. The learned AGP also referred the same Government Resolution.
2 922.WP-2262-2025.doc 3.
Prima facie, we are satisfied that the impugned order which is actually the order of the Deputy Director of Education which is not challenged at all is legal and proper. That apart, the petitioner applied for compassionate appointment after eleven years after the death of his father. He has no explanation for such delay and laches. On the contrary, it has been informed that after the death of the father of the petitioner, the management had offered him the job. So the very purpose of financial assistance was served. 4.
After having gone through the facts of the case and law in force at the relevant time along-with delay and laches on the part of the petitioner, we do not find substance in the petition. Hence, Writ Petition stands dismissed.
[ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] vsj..