Neeta Deepak Weldode v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 WRIT PETITION NO. 7835 OF 2017 NEETA DEEPAK WELDODE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Bali Harish S.

AGP for Respondents 1 and 2 : Mr. K.N.Lokhande Advocate for Respondents 3 and 4 : Mr. V.C. Patil Ashtekar ---- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : AUGUST 8, 2018 O R D E R :

Learned counsel for the petitioner submits that the application filed by the petitioner for appointment on compassionate ground is not considered in its correct perspective by the Respondent. The husband of the petitioner while discharging the duty had died. The petitioner is survived by two daughters. The petitioner possesses qualification of B.A., so also MS CIT.

wp7835.17 The two schools are run by the Respondent.

Reply given by the institution is erroneous. Learned counsel submits that the petitioner applied for appointment on compassionate ground only after six years. The post was not vacant.

The appointment on compassionate ground is meant to provide immediate succor to the family of the deceased. The petitioner did not apply for six years after the death of the husband. This would indicate that at the relevant time the petitioner was not in need of employment. Though we may not consider the pension being paid by the respondent, however, even as per the Government Resolution of the year 2005 the compassionate appointment has to be made within one year. Admittedly, the petitioner applied after six years.

wp7835.17 Considering the aforesaid conspectus, the relief claimed by the petitioner cannot be considered. Writ Petition is disposed of. No costs. [SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm