Shanta Wd/O Shyamkumar Manapure And Another v. The Conservator Of Forests Gondia Forest Division, Gondia And Another

2024:BHC-NAG:4095-DB 35-WP-2378-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.

of Shanta wd/o Shyamkumar Manapure and another vs.

The Conservator of Forests, Gondia Forest Division, Gondia and another. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms Khyati Nalin Majithia, Advocate for petitioners. Shri S.M.Ghodeswar, AGP for respondents.

CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 8th APRIL, 2024.

P. C.

We have heard Ms Nalin Majithia, learned counsel for the petitioners and Mr. S. M. Ghodeswar, learned Assistant Government Pleader for the respondents.

2.

Prayer made in this writ petition is for grant of compassionate appointment which claim is informed to be pending since the death of husband of the petitioner no.1 on 21.06.2012. It is claimed that in spite of repeated reminders, the claim of the petitioners is not looked into. It is prayed that a direction be issued to the respondents to decide the claim of the petitioners as other similarly placed persons are already extended the benefits.

3.

Mr. Ghodeshwar, learned Assistant Government Pleader has raised preliminary objection on the maintainability of the writ petition as, according to him, the proceedings shall lie before the Maharashtra Administrative Tribunal and not before this Court. 4.

Considering the nature of claim made in the petition viz. grant of compassionate appointment, the purpose and the object with which such Scheme of legislation is brought into effect, we deem it appropriate to dispose of the writ petition with directions to the respondent nos. 1 and 2 to decide the representation of the petitioners

35-WP-2378-2024.odt 2 within a period of four weeks from the date of production of copy of this order.

5.

With these directions, the writ petition stands disposed of. No costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.