Meerabai Dinesh Patil @ Meerabai Karbhari Bhise v. The State Of Maharashtra And Others

909WP1854-17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1854 OF 2017 Smt. Meerabai w/o Dinesh Patil

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

N.B.Suryawanshi, Advocate h/f Mr.N.J. Pahune Patil, Advocate for Petitioner Mr.P.S.Patil, A.G.P. for Respondent Nos. 1 to 3 Mr.P.K. Nikam, Advocates for Respondent Nos. 4 and 5 Mr.P.V.Suryawanshi, Advocate for Respondent No.6 CORAM : S.V.GANGAPURWALA AND A.M.DHAVALE, JJ.

DATE: APRIL 19, 2018 PER COURT :

1.

The name of the petitioner is kept in the wait list of the persons to be appointed on compassionate ground. The petitioner is at Sr. No.4 of the wait list. The grievance of the petitioner appears to be with regard to the respondent No.6 contending that since 20 years, respondent No. 6 is kept in the wait list. Now, that purpose of compassionate appointment would not serve.

2.

Even the application of the petitioner is pending since the year 2012 and it appears that the respondents have not

909WP1854-17 (2) filled in vacant posts from the persons to be appointed on compassionate ground. Particular percentage of vacancies can be filled in on compassionate ground. The respondents have already accepted the application of the petitioner and kept petitioner in wait list at Sr No.4.

3.

The bar to recruitment as per the Government Resolution dated 2nd May, 2012 does not apply to appointment on compassionate ground.

4.

As and when the vacancy arises, the respondent Nos. 4 and 5 shall operate the wait list of the persons to be appointed on compassionate ground and shall fill in the vacant posts by appointing persons on compassionate ground as per the seniority in the wait list commensurate with their qualification and if within the maximum age limit. 5.

With these directions, the writ petition is disposed of. No costs.

(A.M. DHAVALE, J.) (S.V.GANGAPURWALA, J.) mta/-