Nikhil Sanjay Jagtap v. The State Of Maharashtra Through Its Secretary And Others

WP7021.2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7021 OF 2023 NIKHIL SANJAY JAGTAP

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. H.V. Patil AGP for Respondent/s - State : Mr. P.S. Patil CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 10 JULY 2023 PER COURT ( PER : SHAILESH P. BRAHME, J) :

1.

Heard learned counsel for the petitioner.

2.

The petitioner is seeking direction for appointment on compassionate ground. His father died on 25 December 2008, during service. At that time, he was minor and unable to apply for appointment on compassionate ground. He attained majority in the year 2018. On 23 May 2022, an application was submitted by the petitioner for appointment on compassionate ground. 3.

The respondent no. 3 / authority considered the application and rejected it on 14 June 2022. The said communication is under challenge.

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WP7021.2023 4.

The appointments on compassionate ground are regulated by Government Resolution dated 22 March 2018. By clause no. 2 of the said Government Resolution, period of limitation is prescribed for making application for appointment on compassionate ground. An application is required to be made within a period of one year from the date of death of the employee. In the present case, the petitioner submitted application on 23 May 2022, which was far beyond the period of the limitation.

5.

Though the explanation by the petitioner for not making application within time is considered, still his application was late by four years from attaining the age of majority. 6.

We do not find any illegality in rejection of his application on the ground of delay and laches. Considering over all conspectus of the matter, no case is made out. Hence, Writ Petition is dismissed. ( SHAILESH P. BRAHME, J. ) ( MANGESH S. PATIL, J. ) spc/- 2/2