Siddharth Vasant Kharat v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1047 WRIT PETITION NO.7907 OF 2022 SIDDHARTH VASANT KHARAT

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Y. B. Bolkar AGP for Respondent/State : Mr. P. K. Lakhotiya Advocate for Respondent 3 : Mr. N.N. Desale ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : JULY 29, 2022.

PER COURT :

1.

The petitioner has put forth prayer clauses 'A' and 'B' as under :- A) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent No. 3 to appoint the petitioner on compassionate ground under the establishment of respondent No. 3, pursuant to the order dated 31/05/2018 issued by the Desk Officer, Social Justice and Special Assistance Department, Mantralaya, Mumbai.

B) By way of appropriate writ order or direction in the like nature, this Hon'ble High Court may kindly direct the respondent No. 1 to take positive steps on the proposal dated 12/01/2018 submitted by the respondent No. 3 with respect to the appointment of the petitioner on compassionate ground.

2.

One Rupchand Pandu Barade was a Safai Kamgar with the Corporation. His wife is Jayabai Rupchand Barade. The biological son of the couple died. Rupchand died in 1979. The petitioner claims to

have been adopted by the widow of Rupchand Barade, some time in 2017. The petitioner is 42 years of age. His date of birth is not mentioned in the pleadings.

3.

Our attention is drawn to the communication dated 31.5.2018, which is issued by the Desk Officer, Government of Maharashtra, addressed to the Commissioner, Dhule Municipal Corporation to consider the case of the petitioner on the basis of Vashila Padhat (o'khyk i/nr ), also known as Varsa Padhat ( okjlk i/nr ), in the light of the Lad Page Committee recommendations. 4.

It does not call for a debate that the Lad Page Committee recommendations facilitated employment to the wards or relatives of the Safai Kamgar, who are belonging to the Walmiki, Mehetar and backward category, who do work of entering the sewage pipeline and cleaning the drainage, besides other work as Safai Kamgar. 5.

The petitioner has prayed that his representation received by the Municipal Corporation on 23.4.2021 be considered in the light of the communication dated 31.5.2018.

6.

The learned advocate representing the Corporation submits that the said representation would be considered on it's merits

within 45 days.

7.

In the light of the above, this petition is disposed off. We expect, the Corporation to consider the communication on it's merits, on or before 15th September, 2022.

[ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/