Roshan S/O Purushottam Bokade v. State Of Maharashtra, Thr. Secretary, Rural Development And Water Resources Dept. Mumbai And Others

wp3889.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 3889 OF 2018 (Roshan s/o Purushottam Bokade ..vs.. State of Maharashtra, through the Secretary, Rural Development and Water Resources Department, Mumbai and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.U. Nemade, Counsel for the petitioner, Shri N.R. Patil, AGP for respondent Nos.1 and 2, Shri S.N. Gaikwad, Counsel for respondent Nos.3 and 4. CORAM : SUNIL B. SHUKRE AND ROHIT B. DEO, JJ.

DATED : 03-12-2019 Heard finally only for the reason that when the request was made by the learned Advocate for the respondent Nos.3 and 4 for grant of time, it is opposed by the learned Advocate for the petitioner.

2.

During the course of hearing, it has been brought to our notice that the petitioner has sought compassionate appointment on a particular post, the post of Shikshan Sewak. There is no such right in seeking compassionate appointment on a particular post. The application on this count alone was not maintainable and it ought to have been rejected on this count. Of course, the application has been rejected for some different reasons. But, the fact remains that a non maintainable application was made by the petitioner and, therefore, there was no chance of that application being considered and granted by the respondents. However, we grant

wp3889.18 liberty to the petitioner to make amends in the matter and file appropriate application in consonance with the settled principles of law and if that is done within a period of four weeks from the date of this order, same would be considered by the respondents in accordance with law, within four weeks.

3.

The petition is disposed of accordingly. No costs. JUDGE JUDGE adgokar