The State Of Maharashtra Through Its Secretary Public Works Department, Mantralaya v. Umabai Madhav Mane

2024:BHC-AUG:21730-DB {1} wp9760-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9760 OF 2024 The State of Maharashtra through its Secretary Public Works Department PETITIONER

VERSUS

Umabai Madhav Mane and Another RESPONDENTS .......

Mr. V. M. Kagne, AGP for Petitioner - State .......

CORAM : NITIN JAMDAR & RAVINDRA V. GHUGE, J.J.

DATE : 18 SEPTEMBER, 2024 P.C.:

1.

Heard learned AGP for the Petitioner - State. 2.

Respondent No.1 - wife of one Madhav Mane, who was working with the State, after his death, had applied for appointment on compassionate basis. Respondent No.1 - wife sought substitution of her name with the name of Respondent No.2 - son, which was rejected by order dated 31 May, 2022, on the ground that substitution is not permissible. Being aggrieved, Respondents filed Original Application with the Maharashtra Administrative Tribunal, which is allowed by the impugned order.

{2} wp9760-24.doc 3.

The Tribunal has held that substitution is clearly permissible under the Government Policy. Respondent No.1 had not crossed the age of 45 and thus, was not age barred when she sought the substitution.

4.

In light thereof, Writ Petition is rejected.

(RAVINDRA V. GHUGE, J.) (NITIN JAMDAR, J.) drp/wp9760-24.doc