Bombay High CourtWP/4613/2016dispossed offdismiss for default

Prashant Baburao Khobragade v. State Of Maharashtra, Education And Sports Departmnet, Through Its Secretary, Mumbai And 3 Others

2016-10-18Hon'Ble The Chief Justice,Hon'Ble Shri Justice B. P. Dharmadhikari2 pages

1810wp4613.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4613 OF 2016 (Prashant Baburao Khobragade vs. State of Maharashtra thr. Secretary, Education and Sports Department & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

Shri Nikhil Gaikwad, Advocate for the petitioner. Shri J.Y. Ghurde, Assistant Government Pleader for respondent Nos. 1 & 2.

.....

CORAM : DR. MANJULA CHELLUR, C.J. & B.P. DHARMADHIKARI, J.

OCTOBER 18, 2016.

The grievance of the writ petitioner is, inspite of several representations to the third respondent - institution, his application for appointment on compassionate ground, since his father expired on 15.06.2015 while in service, was not considered till date. He also contends that the Government Resolutions issued from time to time till date allow the writ petitioner for such compassionate ground appointment. He also contends that similarly placed candidates were considered, totally ignoring the case of the writ petitioner.

We see annexure 3 - a representation given to the Education Officer - the second respondent, with a copy addressed to third respondent - institution. We are aware that the third respondent is not before us and we are disposing of the writ petition without prejudicing the rights of the third respondent, since we are only directing the third

1810wp4613.16 respondent to decide the representation of the writ petitioner.

Since second respondent is represented by the Assistant Government Pleader, we dispose of the present writ petition by directing respondent Nos. 1 to 3 to treat the writ petition as representation of the writ petitioner and dispose of the same accordingly, adhering to the procedure contemplated for the appointment on compassionate ground, within a period of three months from the date of submitting a copy of this order.

CHIEF JUSTICE B.P. DHARMADHIKARI, J.

*GS.