Abhishek S/O Sandip Date v. State Of Maha. Thr. Its Sec. Dept. Of Home, Mantralaya, Mumbai And Others

2024:BHC-NAG:3950-DB 1 18 wp 2083.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO2083 OF 2024.

Abhishek s/o Sandip Date Petitioner

Versus

State of Maharashtra & others.

Respondents Mr. P.N. Shende, Advocate for the petitioner. Mr.S.M. Ghodeswar, Assistant Government Pleader for the respondent nos.1 to 3.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & NITIN W. SAMBRE, J.

DATE : APRIL 4, 2024.

P. C. :

1.

Heard Mr. P.N. Shende learned counsel for the petitioner and Mr. S.M.Ghodeswar, learned Assistant Government Pleader for the respondent nos.1 to 3. 2.

By this petition under Article 226 of the Constitution of India, the petitioner prays for issuing direction for consideration of his claim for an appointment on compassionate ground.

3.

The petitioner's father, Sandip Date was working as Police Constable and died in harness on 22nd August, 2011. At the time of his death, the petitioner, admittedly, was minor and accordingly the Commandant of Reserve Police Force, Amravati however, wrote a letter to the mother of the petitioner requiring her to make an application for an appointment on compassionate ground. Subsequently, the Commandant, vide

2 18 wp 2083.2024.odt another letter dated 31st July, 2012 addressed to the mother of the petitioner stated that once the petitioner attains the age of 18 years i.e. the date of majority, he may make an application for compassionate appointment within one year thereafter. 4.

The petitioner is said to have attained the majority on 17th April, 2017 and accordingly in terms of the letter dated 31st July, 2012 the application said to have been made on 17th August, 2017 to the Commandant, which is annexed as Annexure-IV at page no.20 of the writ petition. 5.

Accordingly, without delving into the merits of the respective parties, we find it appropriate to dispose of this petition with a direction to the Competent Authority to consider the claim of the petitioner for compassionate appointment. 6.

Accordingly, the Commandant or any other Competent Authority is directed to consider the claim of the petitioner for compassionate appointment in accordance with law and the extract/Rules/Regulations/Government Resolutions, expeditiously and in any case within a period of two weeks from the date of receipt of the certified copy of this order produced before it.

7.

The writ petition stands disposed of. No costs. (NITIN W. SAMBRE, J.) (CHIEF JUSTICE) Mukund Ambulkar