Nawedi Nasir Tamboli v. The Chief Officer Barshi Nagar Parishad And ANR

35.WP.1916-2024.DOCX 2024:BHC-AS:38502-DB Pradnya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1916 OF 2024 Nawed Nasir Tamboli

...Petitioner

Versus

The Chief Officer, Barshi Nagar Parishad and anr.

...Respondents

Mr Kanhaiya Yadav (through V.C.), i/b. Mr Neel G. Helekar, for the Petitioner.

Mr P. G. Sawant, AGP, for the Respondent-State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

27 September 2024 PC:- 1.

Heard learned counsel for the Petitioner.

2.

The Petitioner's grandmother retired as Safai Kamgaar on 30 April 2007. After 14 years, the Petitioner by his application dated 9 April 2021 has applied for compassionate appointment. Learned counsel for the Petitioner submits that in terms of the Government Resolutions issued by the State of Maharashtra benefit of compassionate appointment can be granted to children and grandchildren of retired employees. 3.

Learned counsel for the Petitioner now submits that direction should be issued to the Respondents to dispose of

35.WP.1916-2024.DOCX the Petitioner's application dated 9 April 2021 seeking compassionate appointment by following the law and in a time-bound manner.

4.

We have considered the contention now raised in this Petition. In our opinion, this Petition is entirely misconceived and even a grant of seemingly innocuous relief as pressed by learned counsel for the Petitioner would lead to public mischief.

5.

The purpose of compassionate appointment is to help the family members to tide over some immediate crisis. Here the Petitioner's grandmother retired in 2007. The application for compassionate appointment was made in 2021. Ex facie, in these circumstances, the Petitioner would not be eligible for any compassionate appointment.

6.

If we direct the Respondents to consider such representation and if such representation is rejected, the Petitioner will claim that such rejection constitutes a cause of action and continue to litigating for compassionate appointment.

7.

Therefore, on cumulative consideration of the above circumstances we dismiss this Petition without any order for costs.

(Kamal Khata, J) (M.S. Sonak, J) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 30/09/2024 15:00:20