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Bombay High CourtWP/9666/2018disposed offdismissed for default

Suresh Bajrang Sonawne v. The State Of Maharashtra And Others

2019-04-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale3 pages

1 28WP9666.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 9666 OF 2018 Suresh Bajrang Sonawane ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents ..

Shri. Mujeebuddin A. Chaudhari, Advocate for the petitioner Smt. V. N. Patil - Jadhav, AGP for respondent/State ..

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 18TH APRIL, 2019 ORAL ORDER:

1.

The petitioner seeks appointment on the ground that, his father had retired on medical grounds as a Safai Kamgar. He relies on the Government Resolutions dt. 11.03.2016 and 10.11.2015. 2.

Learned Assistant Government Pleader submits that, Government Resolutions dt. 11.03.2016 and 10.11.2015 would not apply to the petitioner. The father of the petitioner retired on medical ground on 16.09.2003 and eventually died on 16.03.2005. The case of the petitioner cannot be considered for compassionate

2 28WP9666.2018 appointment also. For the first time in 2015, the right was recognized of the persons from SC category to claim appointment on the basis of heirship. The same would not apply to the petitioner. 3.

We have considered the submissions.

4.

The Government Resolutions dt. 11.03.2016 and 10.11.2015 is a beneficial policy introduced by the Government. The preface to the Government Resolution itself states that, though Lad/Page Committee recommendations are of 40 years back, it is necessary to continue the same and the people from SC community were also entitled for the benefit of Lad/Page Committee recommendations.

5.

It is not disputed that the father of the petitioner was initially appointed as a Safai Kamgar.

6.

Considering the above, the case of the petitioner shall be considered in accordance with the Government Resolution dt.11.03.2016. The decision on the same shall be taken expeditiously, preferably within three months.

3 28WP9666.2018 7.

The Writ Petition stands disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde