Narayan Vishwanath Mane v. The State Of Maharashtra Through The Secretary And Others

4684.2023WP -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 128 WRIT PETITION NO.4684 OF 2023 NARAYAN VISHWANATH MANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Mr.V.P. Latange, Advocate for the Petitioner Mr. P.S. Patil, AGP for the respondent/State. Mr.S.B. Ghute, Advocate for Respondent Nos.2 to 4. .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 26th APRIL, 2023.

PER COURT :- 1.

The petitioner's father passed away on 10.10.2022. The mother of the Petitioner tendered an application on 03.11.2022 requesting to consider the case of the Petitioner (her son) for compassionate appointment. On 05.11.2022 and 30.11.2022, some of the elected members of the Village Panchayats have recommended the case of the Petitioner for compassionate appointment. Respondent No.3 intimated Respondent No.4 vide communication dated 25.11.2022 to consider the claim of the Petitioner. The Petitioner also commenced a hunger fast and Respondent No.4 assured him that the subject would be tabled in the meeting dated 27.02.2023. Yet, no steps have been taken. 2.

Considering the above, we are of the view that the petition

4684.2023WP -2need not be kept pending. The same is disposed off with the directions to Village Panchayat, Respondent No.4 to table the subject of the Petitioner for an appointment on compassionate basis, in the meeting of the Village Panchayat, within 45 days from today in the light of the law laid down by the Hon'ble Supreme Court in Malaya Nanda Sethy Vs State of Orissa and others, 2022 SCC Online SC 684 holding that an application for compassionate appointment must be dealt with and a decision must be taken within six months. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) sga/