Ujwala Wd/O Narendra Wankhede And Another v. State Of Maha., Thr. Secretary, Urban Development Dept., Mumbai And ORS.

1021-WP-3822-2023.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 3822 of 2023

1. Smt. Ujwala wd/o Narendra Wankhede aged about 42 years, and

2. Pranay s/o Narendra Wankhede, aged about 22 years.

.. Petitioners versus The State of Maharashtra through its Secretary, Urban Development Department, Mantralaya, Mumbai-400 032 and others.

..Respondents ------------------------------------------------------------------------------------------------------- Mr. G. D. Asole, Advocate for petitioners.

Ms Kalyani P. Marpakwar, Assistant Government Pleader for respondent nos. 1 and 2. Mr. Shivam Mulik, Advocate h/f Mrs. R. G. Bajaj, Advocate for respondent no. 3. ------------------------------------------------------------------------------------------------------- CORAM :- ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 12th AUGUST, 2025 P. C.

Heard learned counsel appearing for the parties. 2.

The petitioner nos. 1 and 2 are mother and son respectively. The husband of the petitioner no.1 died while working in service as Peon' in Nagar Parishad High School, Saoner.

3.

Thereupon the petitioner no.1 applied for appointment on compassionate ground and her name was included in the waiting list maintained for the appointment on compassionate ground. As she was not medically fit to accept the government job, her elder son- petitioner no.2 applied for substitution of his name in place of his mother in the waiting list. 4.

The respondent no.4 has removed the name of the petitioner no.1 from the waiting list on the ground that she attained the age of 45 years. Hence this petition.

1021-WP-3822-2023.odt 2 5.

In view of the Full Bench judgment of this Court in Kalpana wd/o Vilas Taram and another vs. The State of Maharashtra and others Writ Petition No.3701 of 2022 (with connected Writ Petitions), decided on 28.05.2024, the rejection of the application of the son of the deceased i.e. petitioner no.2, is erroneous and cannot sustain in the eyes of law. The Full Bench in the case Kalpana Vilas Taram (supra) while answering the question 'Whether the policies of the State, which provide for creating a wait list of the candidates for compassionate appointment and in cases permits substitution, even on account of crossing a particular age limit of 45 years is contrary to the object and purpose for which a compassionate appointment has to be granted ?' has categorically observed that seeking substitution of the name of another member in place of a member who has applied on account of crossing the age limit of 45 years, is not contrary to the object and purpose for which the compassionate appointment must be granted.

6.

In view of the findings recorded by the Full Bench of this Court in Kalpana Vilas Taram (supra), that substitution of the name of another family member in place of a member who has applied for compassionate appointment, is permissible and it is not contrary to the object of granting appointment on compassionate ground.

7.

In that view of the matter, we are of the opinion that though the deletion of the name of the petitioner no.1 on account of attaining the age limit of 45 years is just and proper, denial to substitute the name of the petitioner no.2 in place of the petitioner no.1 is contrary to law since it frustrates the very object and purpose of granting the appointment on compassionate basis.

8.

Accordingly, we pass the following order:

(i) Writ Petition is allowed in terms of prayer clause (2).

1021-WP-3822-2023.odt 3 (ii) We direct the respondent no.4 to include the name of the petitioner no.2 in the waiting list maintained for appointment on compassionate ground.

No order as to costs.

(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) Andurkar.