Mangal Abhiman Raut v. The State Of Maharashtra And Others

2025:BHC-AUG:11734-DB ( 1 ) 24 wp 7857.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 WRIT PETITION NO. 7857 OF 2015 MANGAL ABHIMAN RAUT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for the Petitioner : Mr. Bhosale Sanjaykumar B. AGP for Respondents/State : Ms. V.N. Patil Jadhav Advocate for R/2 to 5 : Mr. S.B. Ghute .....

CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ.

DATE :

22.04.2025 P.C. :- 1.

Heard the learned advocate for the petitioner and the learned advocate Mr. Gute for the respondent nos.2 to 5. 2.

The petitioner is aggrieved by the impugned communication (Exh.F) dated 12.01.2015, whereby respondent no.2 has rejected her application seeking appointment on compassionate ground only on the ground that her deceased husband was appointed under the Maaruf agreement in terms of government resolution dated 26.10.1994. 3.

After hearing both the parties, it appears that they are ad idem as regards the right of dependent of the deceased employee, who was

( 2 ) 24 wp 7857.15 working under the Maaruf agreement, to seek appointment on compassionate ground.

4.

For that matter, even pursuant to one such order passed in writ petition no.5286/2011 a dependent of an employee who was similarly appointed under the Maaruf agreement was granted appointment on compassionate ground by the order dated 16.12.2011 by the same Zilla Parishad.

5.

In the light of above, the writ petition is allowed. The impugned order / communication is quashed and set aside. Respondent no.2 is directed to consider the application of petitioner no.2 seeking compassionate appointment afresh on its own merits, without resorting to the reasons mentioned in the impugned communication. The decision shall be taken and an appropriate order shall be passed as expeditiously as possible and in any case within four weeks.

[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] mub