Prajwal S/O Pralhad Mangare v. State Of Maharashtra, Thr. Its Secretary Department Of Sports And Education, Mumbai And ORS.

1 wp1597.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1597 OF 2024 ( Prajwal s/o Pralhad Mangare ..vs.. State of Maharashtra, through its Secretary, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S. Warulkar, Counsel for the petitioner, Mr. S.M. Ghodeswar, AGP for respondent Nos.1 and 2, Mr. U.V. Chakravarti, Counsel for respondent Nos.3 and 4 CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 03-05-2024 The only impediment shown to us in the matter of grant of compassionate appointment to the petitioner is the restraint order passed by the Assistant Charity Commissioner, Bhandara on 26-10-2018 in the proceedings taken out under Section 41A of the Maharashtra Public Trusts Act in Application No.5/2018. The operative part of the said order reads thus ; "1) The Application No.05/2018 is hereby partly allowed.

2) The Recorded trustees are hereby directed to run the day to day affairs of this trust by majority decision and they are further directed not to take any policy decision.

3) Both the parties are hereby directed to proceed the Change Report Inquiry No.72/2018 and Scheme Application No.20/2018 expeditiously without delaying the matters.

4) No order as to costs.

5) Dictated and pronounced in open Court."

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It is the fact about the petitioner being in the employment of the respondent-management since last about an year is not disputed.

3.

In the aforesaid background, since the claim of the petitioner for grant of compassionate appointment is based on the policy of the Government, the respondentmanagement, in our opinion, can make an exception to the order dated 26-10-2018. However, the respondentmanagement shall make an intimation to the office of the Assistant Charity Commissioner, Bhandara about granting compassionate appointment to the petitioner. 4.

With above observations, the petition stands disposed of.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar