Yasir Khan S/O Mujahid Rasool Khan v. The State Of Maharashtra, Through Principal Secretary, Urban Development Department, Mumbai And ORS

33wp 3421.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION 3421/2020 YASIR KHAN S/O MUJAHID RASOOL KHAN VS THE STATE OF MAHARASHTRA,THROUGH PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, MUMBAI AND ORS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mr. Firdos Mirza, Advocate for the petitioner Mr. N.S. Rao, AGP for respondents 1 and 2 Mr. P.P. Deshmukh, Advocate for respondent 3 Ms. Trishila Dhait h/f. Mr. Abhay Sambre, Advocates for respondent 4 Mr. Shajal Sarda h/f. Mr. V.V.Bhangde, Advocates for respondent 5 CORAM : ROHIT B. DEO AND Y.G. KHOBRAGADE, JJ.

DATED : 13/01/2023 The grievance, as initially raised, was that respondents 4 and 5 are given compassionate appointment in supersession of the better playing of the petitioner.

2.

Respondent 3 has filed an affidavit dated 24.08.2022, of which paragraph 16 reads thus:- "16. It is submitted that, the answering respondent by its communication dated 01.01.2021 & 10.01.2022 had already forwarded the waiting list of the candidates of Compassionate Appointment Class C, to the office of the respondent No.2. But till the date answering respondent not received propose/Final waiting list SM Gate

33wp 3421.2020.odt of the candidates of Compassionate Appointment from the office of the respondent No.2. It is pertinent point out that, as per waiting list the name of the petitioner is at Sr. No. 5 & earlier 4 senior candidates had given appointment on Compassionate ground & the petitioner is next candidate. At the cost of repetition, it is pointed out that, till the date answering respondent not received propose/Final waiting list of the candidates of Compassionate Appointment from the office of the respondent No. 2. The copy of the both the communication dated 01.01.2021 & 10.01.2022 along with waiting list is jointly annexed herewith and marked as Annexure No. R3-G." 3.

The learned Counsel for the petitioner, Mr. Firdos Mirza, submits that the petitioner shall be satisfied if respondent 2 Collector takes an appropriate decision on the list which is forwarded by the Municipal Council. 4.

Learned Assistant Government Pleader, Mr. Rao, states that a decision, either way, shall be taken on the list forwarded by the Municipal Council to the Collector within four weeks. The statement is accepted. 5.

The petition is disposed of.

(Y.G. KHOBRAGADE, J.) (ROHIT B. DEO J.) SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2023.01.13 18:27:18 +0530 SM Gate