Smt. Sharda Wd/O Sachin Jadhav v. Maha. State Electricity Distribution Co. Ltd., Thr. Authorized Officer, Mumbai And Others

2024:BHC-NAG:11087-DB 1 926-wp 4241.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4241 OF 2022 ( Smt.Sharada wd/o Sachin Jadhav vs. Maharashtra State Electricity Distribution Company Ltd. and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. N.R.Tekade, Advocate for the petitioner.

Mr. D.A.Mohgaonkar, Advocate for respondent No.2. Mr. A.J.Kadu, Advocate for respondent No.3.

CORAM : BHARATI DANGRE AND ABHAY J. MANTRI , JJ.

ATE : OCTOBER 01 , 2024 The petitioner is a widow of Sachin Jadhav, a permanent employee of the respondent, who demised in January 2020. She preferred an application for being appointed on compassionate ground, in his place.

The petitioner was asked to submit a 'No Objection Certificate' from another legal heir i.e. mother-in-law of the petitioner, the respondent No.3, but she refused to accord her 'No Objection'.

2) We have heard the learned Counsel for the petitioner as well as learned Counsel for the respondent MSEDCL i.e. respondent Nos.1 and 2 who have adopted a stand that they would consider the application of the petitioner subject to the check list, including the educational qualifications of the petitioner etc.

3) The difficulty posed is the absence of 'No Objection' from respondent No.3, the mother-in-law.

2 926-wp 4241.2022.odt We have also heard the learned Counsel representing the respondent No.3, who would submit that instead of the petitioner, the job should be offered to her son Harsh Sachin Jadhav, who we are informed that, has attained age of majority recently.

4) We indicated to the learned Counsel for the respondent No.3 that his client would be well advised to encourage appointment to the petitioner, as the son may have better future prospects, if he gets proper education and only by offering job to his mother, an appropriate environment shall be created around him, so that he can pursue his higher education. He has no instructions to make the statement. 5) Considering that Harsh, the son of petitioner is barely 18 years and since we do not deem it appropriate that he should be offered a job, we deem it appropriate to direct respondent No.3 to accord 'No Objection' in favour of the petitioner, within a period of one week from today. 6) Upon the 'No Objection' being accorded, we expect respondent Nos.1 and 2 to consider the application of the petitioner within a period of six weeks thereafter. With the above directions, the petition stands disposed off.

( ABHAY J. MANTRI, J. ) ( BHARATI DANGRE, J. ) KOLHE