Gurudas S/O. Dharma Meshram v. State Of Maha. Thr. Assistant Regional Director, Municipal Council Administration, Nagpur And ORS

919wp3040.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3040 of 2021 Gurudas s/o Dharma Meshram Vs State of Maharashtra, through Assistant Regional Director Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. B.H. Sheikh, counsel h/f Mr. H.P. Ligayat, counsel for petitioner. Ms K.P. Marpakwar, AGP for respondent Nos.1 and 2. Mr. Nihilsingh B. Rathod, counsel for respondent No.3.

CORAM

: ANIL S. KILOR and RAJNISH R. VYAS, JJ.

DATE : 02/12/2025 1.

By way of present petition, the petitioner is seeking a direction to respondents to consider his claim for compassionate appointment. 2.

Admittedly, the father of the petitioner was working in Gram Panchayat, Armori when he died on 05/06/2014. At that time, a process was underway to transform the Gram Panchayat into a Nagar Panchayat. Accordingly, the Nagar Panchayat then came into existence on 23/04/2015. The claim of the petitioner was not considered by Respondent No.3 for the reason that there was no such policy to consider the claim for compassionate appointment of the dependants of deceased employee of a Gram Panchayat, which was in the process of transforming into Nagar Panchayat.

3.

However, the Government has now issued a policy on 25/04/2022, thereby making persons like the petitioner eligible to seek employment on compassionate ground.

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919wp3040.2021.odt 4.

Thus, considering the policy of the Government dated 25/04/2022, which is binding on the Respondent No.3, we are of the opinion that the petition can be disposed of with following directions :- a) Respondent No.3 is directed to process the application of the petitioner in accordance with the guidelines dated 25/04/2022 and forward the proposal to the Collector. b) Respondent No.3 shall process the petitioner's prayer for grant of compassionate appointment in place of his deceased father and take further steps to grant employment to the petitioner, if the petitioner is eligible and qualified to be appointed as per the policy and in accordance with law.

c) This process shall be completed by respondent No.3 within a period of six months from today.

( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) rkn