Kondabai Mahadeo Mane And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:35622-DB 1 904.WP.13716.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13716 OF 2021 KONDABAI MAHADEO MANE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Bhosale Sanjaykumar B. AGP for Respondents: Mr. K.K. Naik ...

CORAM

: R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE : 02.12.2025 PER COURT:

1.

The father of the petitioner has passed away in 2007. Within a year's time his mother/widow of the deceased, preferred an application for grant of compassionate appointment. A year thereafter i.e. in 2008, she preferred application along with her son - petitioner No.2 and urged the Respondent - Zilla Parishad to grant the petitioner No.2 appointment, instead of her. The respondent Zilla Parisahd turned down the application on 24.09.2008 on the ground that the deceased was serving under Maroof agreement. 2.

It appears that the petitioner woke up after a long slumber, it is only in 2018 i.e. about 10 years after his application

2 904.WP.13716.21.odt was turn down, he moved this Court seeking direction to the respondent - Zilla Parishad to decide representation made by him for grant of compassionate appointment. Those applications were moved in view of the judicial decisions to have been in favour of the petitioners. Those all have been placed on record. 3.

The respondent - Zilla Parishad has strong objection to even allow the writ petition in terms of prayer Clause 'C' i.e. directing it to decide the petitioner's representation on its own merits.

4.

It needs no mention that a scheme of compassionate appointment is meant to provide immediate financial succor to the members of the bereaved family. It was way back in 2007 the father of the petitioner passed away, in the very year the petitioner's mother preferred the application. After some months she preferred the application with a request to grant the petitioner compassionate appointment. The application was turned down on 24.09.2008. After a long spell of little over 10 years, the petitioner approached this Court and there before made application to the Zilla Parishad on the ground that the similarly placed persons were held to be eligible for grant of appointment on compassionate ground. He placed on record judicial pronouncements in that regard. Since the

3 904.WP.13716.21.odt petitioner approached this Court 10 years after his application was turn down in 2008, the very purpose of grant of compassionate appointment gets frustrated. In 2008 itself the petitioner was 23 of age, approaching this Court 10 years thereafter indicate the petitioner might not have been in need of compassionate appointment. His approaching this Court very late, disentitles him even for the relief of direction as has been urged in terms of prayer Clause 'C'.

5.

The writ petition is dismissed.

(ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) habeeb/