Mangesh Bhagwan Makade v. The Zilla Parishad Thr. Its Chief Executive Officer, Bhandara And Another

2025:BHC-NAG:282-DB 1 962.wp.4601.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.3139/2024 AND WRIT PETITION NO. 4601/2023 Mangesh Bhagwan Makade Vs. The Zilla Parishad and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. S. Warulkar, Advocate for Petitioner.

Mr. S. R. Badge, Advocate h/f. Mr. R. S. Khobragade, Advocate for Respondent Nos.1 and 2.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 09/01/2025.

.

Heard.

2.

The prayer for amendment is allowed.

Amendment to be carried out accordingly.

3.

The challenge is to the communication dated 05.05.2022 whereby the claim of the petitioner for grant of compassionate appointment in place of his deceased father Bhagwan Lakhaji Makade, who was working as an Attendant came to be rejected.

4.

The father of the petitioner expired on 13.01.2010.

5.

The claim of the petitioner was rejected on the ground that the younger brother of the petitioner is working in military ITBP.

6.

The fact remains that the younger brother of the petitioner was recruited subsequent to the death of the father i.e. 13.01.2010 and also after the name of the petitioner was taken on the wait list of the candidate who are seeking compassionate appointment.

2 962.wp.4601.23 7.

In view of the above, the position in our opinion, particularly the financial position as was existing on the date of death and the application for grant of compassionate appointment is required to be taken into account.

8.

That being so, the order impugned dated 05.05.2022 is hereby quashed and set aside.

9.

We direct the respondent - Chief Executive Officer, Zilla Parishad, Bhandara to reconsider the claim of the petitioner for grant of compassionate appointment in the wake of the aforesaid observations expeditiously and communicate the decision within a period of three months from today.

10.

The petition stands disposed of in aforesaid terms.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule