Nikhil S/O Pradiprao Thakre v. The State Of Maha., Thr. Secretary, Higher And Technical Education Dept., Mumbai And Others

2024:BHC-NAG:3680-DB 1 WP2045-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2045/2024 (NIKHIL PRADIPRAO THAKRE VERSUS THE STATE OF MAHARASHTRA & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri N.S. Warulkar, counsel for the petitioner. Mrs. T.H. Khan, Assistant Government Pleader for the respondent nos.1 to 3. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

D ATE : MARCH 27 , 202 Heard the learned counsel for the parties.

2.

The prayer of the petitioner to substitute his name in place of his mother in the matter of grant of compassionate appointment was rejected way back on April 19, 2012 since the mother of the petitioner after having attained the age of forty years became disqualified for claiming appointment on compassionate ground in view of death of her husband on November 24, 2004 and her name came to be deleted from the waiting list. Such disqualification of the mother of the petitioner for grant of compassionate appointment was as per the existing policy. The petitioner was made aware about he being not entitled for grant of compassionate appointment vide order dated January 21, 2014. The petitioner has not questioned the said order for almost more than eleven years. 3.

In such an eventuality, the Tribunal cannot be said to be in error in recording a finding in Original Application No.96 of 2023 that the said proceedings suffer from delay and laches. No case for interference in exercise of extraordinary writ jurisdiction is made out by the petitioner. 4.

As such, the writ petition stands dismissed. No costs. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) APTE