Anjal Pramod Ukey v. The State Of Maharashtra, Thr. Secretary, General Administration Development, Mumbai And Another

2024:BHC-NAG:12860-DB 923-WP-6737-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 6737 OF 2024 Anjal Pramod Ukey vs.

The State of Maharashtra, through its Secretary, General Administration Department, Mumbai and another.

------------------------------------------------------------------------------------------------------- Mr. P. S. Kshirsagar, Advocate for petitioner. Ms T. H. Khan, Assistant Government Pleader for respondent no. 1. Ms M. P. Munshi, Advocate for respondent no.2-Zilla Parishad, Bhandara. ------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI,JJ. DATE :- 26th NOVEMBER, 2024 P. C.

Heard learned counsel appearing for the parties. Vide impugned order dated 23/08/2023 issued by the respondent no.2-Zilla Parishad, the prayer of the petitioner for substitution of his name at the place of his brother for grant of compassionate appointment came to be rejected for want of provisions to that effect. 3.

The aforesaid issue viz. permissibility of substitution of the candidature by other qualified candidate from the very same family is squarely covered by the Full Bench judgment of this Court delivered in Writ Petition No.3701/2022 (Kalpana wd/o Vilas Taram and anr. vs. The State of Maharashtra and others) with connected writ petitions, decided on 28.05.2024.

4.

In that view of the matter, we deem it appropriate to dispose of the writ petition with directions to the respondent no.2-Zilla Parishad, Bhandara, to re-consider the claim of the petitioner for substitution of his name for grant of compassionate appointment in the light of the Full Bench judgment in Kalpana wd/o Vilas Taram (supra).

923-WP-6737-2024.odt 2 5.

Let the decision be communicated to the petitioner within a period of six weeks from the date of production of copy of this order alongwith the copy of petition.

(VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.