Akshay Sukhadeo Takale v. The Chief Executive Officer And ANR

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.02.03 19:20:55 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1686 Of 2024 Akshay Sukhadeo Takale ...

Petitioner versus The Chief Executive Officer, Zilla Parishad, Solapur & Anr.

...

Respondents ---- Mr.Gaurav Bandiwadekar for the Petitioner.

Mr.Anand S.Kulkarni for Respondent No.1.

Mr.B.V.Samant, Addl.GP with Ms.Nisha Mehra, AGP for Respondent No.2, State.

---- CORAM :

RAVINDRA V. GHUGE & SHYAM C. CHANDAK, JJ.

DATE :

3rd February, 2025 P.C. :- 1.

The father of the Petitioner passed away on 8th September, 2006 while in service. The widow, the Petitioner's mother, made an Application on 14th January, 2007. A further representation was made by the mother of Petitioner on 3rd September, 2007 followed by a reply by the Authorities dated 10th March, 2008 addressing the mother that she can make an Application within one year after the Petitioner attains the age of 18 years. Again, the mother of the Petitioner made a representation on

2nd January, 2013. She became 45 years of age on 31st May, 2019. Therefore, the Petitioner moved an Application for substitution. 2.

The Division Bench of this Court, at the Aurangabad Bench, in the case of Dnyaneshwar s/o. Ramkishan Musane Versus The State of Maharashtra & Ors.1 concluded that the clause set out in Government Resolution dated 20th May, 2015 prohibiting substitution, was held to be ultra vires and quashed. 3.

The Full Bench of this Court, at the Nagpur Bench, delivered a judgment in Kalpana Wd/o. Vilas Taram & Anr. Versus The State of Maharashtra & Ors with a group of cases2, yet the Zilla Parishad has addressed the Government for guidance. 4.

We find that the said act of the Zilla Parishad to be a wasteful exercise. When the law is settled, the Chief Executive Officer of Zilla Parishad is supposed to pass appropriate orders in obedience of the law, rather than seeking guidance elsewhere. 2020 (5) Mh.LJ 381 Writ Petition No. 3701 of 2022 dated 28th May, 2024

5.

We are listing this Petition on 6th February, 2025 under the caption for hearing and passing order.

6.

Let the Zilla Parishad, Solapur make a statement as to how many compassionate appointments have been made after the demise of the Petitioner's father till today and why the claim of the widow is still at serial No. 4, after the passage of 19 years. (SHYAM C. CHANDAK, J.) (RAVINDRA V. GHUGE, J.)