Mithun Chandrakant Nilange v. The State Of Maharashtra And Others

2025:BHC-AUG:19286-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8262 OF 2025 Mithun Chandrakant Nilange

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Thorat Nanabhau R, for Petitioner.

 Ms. S. S. Joshi, AGP for Respondent.

*** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 23rd JULY 2025.

P. C. :

1.

By this petition, the petitioner has challenged order dated 28th April 2025, passed by respondent No.3 - Chief Executive Officer of Nagar Parishad, Latur, whereby an application for appointment on compassionate basis filed by the petitioner has been rejected. The sole reason for rejection is that the said application suffers from delay and it cannot be entertained as per the scheme of compassionate appointment contemplated in Government Resolution dated 21st September 2017.

2.

The learned counsel for the petitioner submits that the father of the petitioner while in service expired on 08th February 2017. Reference is made to an application submitted to respondent No.3 on

04th March 2025, for consideration of appointment on compassionate basis. It is submitted that in the said application, it is specifically asserted that on many occasions the petitioner has approached for the benefit of the scheme of compassionate appointment. 3.

The learned counsel for the petitioner was unable to place on record any document to show as to whether the petitioner had applied for benefit of the said scheme prior to 04th March 2025. 4.

In this context, the learned AGP is justified in contending that the scheme of compassionate appointment contemplated under Government Resolution dated 21st September 2017, specifies a limitation period of one year within which an application for compassionate appointment is required to be made. In case the applicant is a minor such an application can be made within three years of attaining majority.

5.

Considering the aforesaid scheme, we do not find any error in the impugned order dated 28th April 2025, passed by the respondent No.3, while rejecting the application of the petitioner on the ground that it was not preferred within one year of the death of the employee. 6.

Since no fault can be found in the impugned order and it is

in the consonance with the scheme of the compassionate appointment contemplated in Government Resolution dated 21st September 2017, we find no merit in the petition. The writ petition is dismissed. Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 24/07/2025 14:53:30