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Bombay High CourtWP/1626/2024disposed off

Sangita Gajanan Dhembre v. The State Of Maharashtra Through Its Secretary And Others

2025-06-24Hon'Ble Shri Justice R. G. Avachat , Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:16153-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

917 WRIT PETITION NO.1626 OF 2024 Sangita Gajanan Dhembre

VERSUS

The State of Maharashtra, Through Its Secretary And Others .....

Shri. Govind Rangrao Ingole, Advocate for the Petitioner Ms. Vaishali S. Chaudhari, AGP for the Respondent / State. Shri. S. B. Pulkundwar, Advocate for Respondent Nos.4, 6 to 8 .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated :

JUNE 24, 2025 PER COURT :- .

The Petitioner's parents were in the services of Respondent No.3 - Zilla Parishad, Parbhani. They both died. Father died in the year 1990 and Mother died in the year 1998. The Petitioner made Application / Representation / Proposal for appointment on compassionate ground to Respondent No.4. Since no decision is taken by Respondent No.4 - Zilla Parishad, Hingoli, this Petition is filed with the following prayers : "A) By issue of writ of Mandamus, or any other appropriate writ order or direction in the like nature, the respondent no.3 and 4 may kindly be directed to decide the representations dated 14.09.2023 submitted by the petitioner. B) By issue of writ of Mandamus, or any other appropriate writ order or direction in the like nature, the respondent no.3 and 4 may kindly be directed to decide proposal date 14.09.

2023 of the petitioner submitted for appointment on compassionate ground and issue appointment order her favour on any class III or IV post with immediate effect. C) Any other suitable and equitable relief may kindly be granted in favour of the petitioner in the interest of justice." 2.

Learned Advocate for the Petitioner submits that, necessary directions be given to Respondent No.4 to consider and decide the Application / Representation / Proposal made by the Petitioner.

3.

Learned Advocate appearing for Respondent Nos.4, 6 to 8 i.e. Zilla Parishad, Hingoli and its Offices submits that the Petitioner has made the Application belatedly after a period of 23 years after the death of her parents. He submits that as per the relevant Government Resolutions the Application ought to have been made within a period of one (1) year from the date of death of the parents or from the date of attaining the age of majority by the Petitioner. He submits that, the Petition may be dismissed.

4.

The learned AGP appearing for the State submits that appropriate orders be passed.

5.

Since there is nothing to show that the Respondent No.4 has taken decision on the Petitioner's Application / Representation / Proposal and considering the above referred prayers, we proceed to pass the following order.

ORDER

(i) The Respondent No.4 shall consider and take decision on the Application / Representation / Proposal made by the Petitioner for compassionate appointment, on its own merits and in accordance with law, within a period of four (4) weeks from the date of receipt of the order.

(ii) The Petition accordingly stands disposed off. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 26/06/2025 17:01:15