Sakhubai Gorakh Agale v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1822 OF 2015 Sakhubai wd/o Gorakh Agale, Age : 30 years, Occu. Nil, R/o Rajiv Gandhi Nagar, Khultabad, Tq. Khultabad, District Aurangabad PETITIONER

VERSUS

1.

The State of Maharashtra, through Secretary, Urban Development Department, Mantralaya, Mumbai - 32 2.

The Commissioner & Director Municipal Administration, Maharashtra State, Mumbai 3.

The Collector, Aurangabad, 4.

Nagar Parishad, Khultabad, through Chief Officer, Khultabad, Tq. Khultabad, District Aurangabad RESPONDENTS ---- Mr. Chandrakant V. Thombre, Advocate for the Petitioner Mr. P.N. Kutti, A.G.P. for respondent Nos. 1 to 3 Mr. V.A. Bagal, Advocate for respondent No. 4 ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 1st AUGUST, 2016 PER COURT :

Heard the learned counsel for the petitioner, the learned A.G.P. and the learned counsel for respondent No.4. With their able assistance, we have

perused the grounds raised in the petition, the annexures thereto and the reply filed by respondent No.4.

2.

It appears that the petitioner's application for appointment on compassionate ground has been rejected on the ground that there was no scheme at the relevant time to consider such an application for appointment on compassionate ground to the legal representatives of the deceased sweeper. It appears that the petitioner's husband died during the course of employment of respondent No. 4. Thereafter, the petitioner filed an application on 18th March, 2006 praying therein for appointment on compassionate ground. She also filed another application on 3rd December, 2013. However, as already observed, both the applications of the petitioner were rejected on the ground that there is no policy to consider such application for appointment on compassionate ground to the legal representatives of the deceased employee.

3.

The learned counsel for the petitioner has tendered across the bar the copy of the Government Resolution dated 11th March, 2016, issued by the Social

Justice and Special Assistance Department, Government of Maharashtra. The same is taken on record. Sub-clause

(3) of Clause (3) of the said Government Resolution reads thus :- ^^31⁄2 lQkbZ deZpkjh Eg.kwu lsokfuo`Rr >kysY;k fdaok gks.kk&;k vFkok LosPNkfuo`Rrh ?ks.kk&;k fdaok lsosr vlrkauk fu/ku ikoysY;k vuqlwfpr tkrhe/khy brj lQkbZ deZpk&;kP;k okjl fdaok ukrsokbZd ;kl lnj ;kstuspk ykHk ns.;kr ;kok-** 4.

By the aforesaid Govt. Resolution, the Government has made provision for the legal representatives of the deceased employee who was working as Sweeper on the Establishment of respondent No. 4, for appointment on compassionate ground. In that view of the matter, We pass the following order :- (i) The impugned communication dated 18th January, 2014, issued by respondent No. 4 stands quashed and set aside.

(ii) Respondent No. 4 is directed to re-consider the applications of the petitioner dated 18th March, 2006 and 3rd December, 2013 as expeditiously as possible; however, within a period of eight

weeks from today, keeping in view the provisions of the Govt. Resolution dated 11th March, 2016. In case the proposal is considered in favour of the petitioner, respondent No. 4 shall forward the said proposal to respondent No. 3 as expeditiously as possible; however within four weeks from the date of taking such decision. Upon receipt of such proposal by respondent No. 3, respondent No. 3 shall take decision thereon within a period of four weeks thereafter. The entire exercise would be completed by respondents No. 3 and 4 within a period of sixteen weeks from today and communicate the said decision to the petitioner.

(iii) The Writ Petition stands allowed and disposed in the above terms.

(iv) No costs.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/wp1822-2015