Vaishali Sudhakar Pate v. The Chief Executive Officer, Zillha Parishad, Jalgaon And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 REVIEW APPLICATION (CIVIL) NO.175 OF 2016 IN WRIT PETITION NO. 1145 OF 2015 VAISHALI SUDHAKAR PATE

VERSUS

THE CHIEF EXECUTIVE OFFICER, ZILLHA PARISHAD, JALGAON AND ANOTHER ...

Advocate for Applicant: Mr. Patil Paresh B.

...

CORAM:S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE: 12th AUGUST, 2021 PER COURT:

1.

The applicant seeks review of the order passed by the Division Bench of this Court (Coram: S. S. Shinde & A. M. Badar, JJ.) dated September 09, 2015 in Writ Petition No. 1145 of 2015.

2.

The learned Counsel submits that subsequently Government Resolution is issued dated 17.11.2016, whereby, even if two or more married daughters are in the family, they are entitled to apply for compassionate appointment. The words "sole married

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in the Government Resolution dated 26.02.2013 has been deleted in the subsequent Resolution. The learned Counsel submits that the applicant could not at the relevant time point out the Judgment of the Hon'ble Apex Court in Case of Vijaya Ukarda Athor (Athawale) Vs. State of Maharashtra and others reported in (2015) 3 SCC 399, which also confirms that even if there are two or more married daughters compassionate appointment can be granted to the married daughters.

3.

The Resolution subsequent to the order under Review need not be considered. The Court also relied upon the Government Resolution dated 26.02.2013 as in force on the date of the order and has passed the Judgment.

4.

The father of the applicant died in the year-2000. After 21 years, the need for compassionate appointment would not survive.

Moreover, it is also fact that the husband of the petitioner is in permanent Government service.

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Considering the above, no case for Review is made out.

6.

Review Application is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe