Akash S/O Ramesh More v. The State Of Maha. Thr. Its Sec. Dept. Of Irrigation, Mantralaya Mumbai And Others

2025:BHC-NAG:15015 930-WP-1824-2024-corrected.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 1824 of 2024 Akash Ramesh More vs.

State of Maharashtra and others ------------------------------------------------------------------------------------------------------- Mr. Niranjan Jadhao, Advocate for petitioner. Mr. N. S. Rao, A.G.P. for respondent nos. 1 and 2. Mr. V. B. Rathi, Advocate h/f Mr. P. B. Patil, Advocate for respondent nos. 3 and 4. ------------------------------------------------------------------------------------------------------- CORAM :- ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE :- 10th DECEMBER, 2025 P. C.

Heard.

2.

Denial of the petitioner's claim for compassionate appointment on the ground that his brother is serving in the Police Department, is under challenge in this writ petition. The said decision was communicated to the petitioner vide letter/order dated 07.11.2023. 3.

The letter dated 20.01.2017 issued by the Executive Engineer, Buldhana Irrigation Department, which shows that during the fact finding enquiry as to whether the brother of the petitioner -Pavan Ramesh More, who is admittedly in government service, takes care of other family members or not, affidavits of family members stating that he does not take care of them, were found to be true. 4.

Admittedly the said letter/report dated 20.01.2017 submitted by the Executive Engineer, Irrigation Department, Buldhana has not been considered while issuing the impugned communication/order dated 07.11.2023 by the respondent no.2. Whereas; as per Clause 5(e) of the Appendix A to the Government Resolution dated 21.09.2017, such report dated 20.01.2017 has to be taken into consideration while accepting or refusing the request for grant of compassionate appointment.

930-WP-1824-2024-corrected.odt 2 5.

In these circumstances, we pass the following order: (I) The order dated 07.11.2023 passed by the respondent no.2 is hereby quashed and set aside.

(II) The matter is remanded back to the respondent no.2 with a direction to re-consider the request of the petitioner for grant of compassionate appointment in the light of Clause 5(e) of the Appendix A to the Government Resolution dated 21.09.2017 and report/letter dated 20.01.2017 called from the Executive Corrected as per Hon'ble Court's order dated 24.12.2025 Engineer, Irrigation Department, Buldhana and to take decision within one month from the production of copy of this order. (III) The respondent no.2 shall also take into consideration the Revised Policy of the Government dated 17.07.2025 in respect of appointment on compassionate ground.

6.

The writ petition is partly allowed and disposed of. No order as to costs.

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