Chetan S/O. Chandan Tomaskar v. State Of Maha., Thr. Secy., Health Dept., Mumbai And ORS.

1 50-wp 5012.20224.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5012 OF 2024 ( Shri Chetan s/o Chandan Tomaskar vs. The State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Pavan Sahare, Advocate for the petitioner. Mr. A.S.Mehadia, Advocate for respondent Nos.2, 3 and 5. CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI , JJ.

ATE : FEBRUARY 05, 2025 1) The policy applicable dated 24/02/2023, vide clause 5.7 (page 81) permits the spouse of the deceased employee to nominate a person entitled for employment. The father of the petitioner, who had earlier nominated the petitioner had withdrawn the nomination and granted the same in favour of respondent No.4 who is his daughter-in-law from another son. 2) The policy does not prohibit this. All that it contemplates is the requirement of nomination by the surviving spouse. We therefore, cannot entertain the plea that the nomination should be ignored and petitioner should be directed to grant employment as that would be an action contrary to the policy as contained in Government Resolution dated 24/02/2023 contemplates. We therefore, decline to interfere in the petition. No costs.

( ABHAY J. MANTRI, J. ) (AVINASH G. GHAROTE, J.) KOLHE