Sunita Wd/O Gunvant Vikhar v. Agriculture Produce Market Committee, Nagpur, Through Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 341 of 2021 Smt. Sunita Wd/o Gunvat Vikhar

...Petitioner

Versus

Agriculture Produce Market Committee, Nagpur, through its Secretary, Office at Pandit Jawaharlal Nehru Market Yard, Kalamna, Nagpur-440 035 and others

...Respondents

Shri A.M. Ghare, Advocate and Shri Pushkar Ghare, Advocate for the Petitioner.

Shri Amit Madiwale, AGP for the Respondent - State CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 08 FEBRUARY 2021 P.C.:

Heard learned Counsel for the Petitioner. The learned Assistant Government Pleader appears for Respondent Nos.2 to 5. 2.

The Petitioner has made an application for compassionate appointment to Respondent No.1-Agriculture Produce Market Committee, Nagpur. In view of the order that we proposed to pass, it is not necessary to issue notice to the Respondent no.1-Agriculture Produce Market Committee.

3.

According to the Petitioner, the Respondent No.1 has adopted a policy granting compassionate appointments. The Petitioner made an application for an appointment on compassionate basis to the Respondent No.1-Agriculture Produce Market Committee in view of the death of her husband while in service. The learned Counsel for the Petitioner states that the Petitioner's representations made from the year 2018, have not been replied to.

4.

Considering the fact that the compassionate appointment is made to assist the bereaved family to tide over the sudden loss of a bread winner, the application for compassionate appointment of the employee need to be decided as early as possible.

5.

We dispose of this Petition, directing the Respondent No.1Agriculture Produce Market Committee to decide the application of the Petitioner, annexed to this Petition, if not already decided, within a period of eight weeks. In case there is any short-fall the Petitioner needs to fulfill before consideration of the application, the same be informed to the Petitioner within a period of four weeks.

6.

We make it clear that the application will be decided as per law. In case the Petitioner is not eligible as per the policy an order be communicated to the Petitioner accordingly.

7.

The Petitioner will supply a copy of this Petition to the Respondent No.1-Agriculture Produce Market Committee along with the copy of this order. The time stipulated will commence from the date

when the copy of the order reaches to the Respondent No.1- Agriculture Produce Market Committee.

8.

The Writ Petition is accordingly disposed of. [ANIL S. KILOR, J.] [NITIN JAMDAR, J.]