Rekha D/O Peter D Cruz v. State Of Maharashtra, Through Secrtary, Department Of Rural Development, Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1321 OF 2022 Rekha d/o Peter D'Cruz VS.

State of Maharashtra and others Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Shri Anup Dhore, learned counsel for the petitioner. Shri K.L. Dharmadhikari, learned AGP for the respondent No.1.

CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 13.09.2022.

1.

Heard Shri Anup Dhore, learned counsel for the petitioner and Shri K.L. Dharmadhikari, learned AGP for the respondent No.1.

2.

The petitioner is seeking quashing and setting aside of order dated 27.12.2018, whereby name of the petitioner in the waiting list prepared for giving compassionate appointments has been removed on the ground that the petitioner attained 45 years of age.

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The relief as prayed for by the petitioner cannot be granted for the reason that prescription of upper age limit for making of compassionate appointments is a matter of policy, incorporated in the rules prescribed therefor. Such policy cannot be interfered with unless and until it is shown to be arbitrary or unreasonable or illegal, which is not the case here.

4.

The petition therefore, deserves to be dismissed and it is dismissed accordingly. No costs.

JUDGE JUDGE Manisha Signed By:MANISHA ALOK SHEWALE