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Bombay High CourtWP/1075/2025dismissed

The State Of Maharashtra, Thr. Secretary, Irrigation Department Ministry, Mumbai And ORS v. Kunal S/O Ashok Dabhade

2025-11-14Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Rajnish R. Vyas1 pages

1 911wp1075.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1075 OF 2025 (The State of Maharashtra and others Vs. Kunal s/o Ashok Dabhade) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.R. Patil, AGP for petitioners.

Mr. S.T. Godbole, Advocate for respondent.

CORAM : ANIL S. KILOR & RAJNISH R. VYAS,JJ. DATED : 14-11-2025.

Heard.

2.

This petition pertains to compassionate appointment. Respondent has filed Original Application No. 78/2022, before the Maharashtra Administrative Tribunal, Nagpur, raising challenge to communication dated 22.9.2021, whereby it was informed to the respondent by the petitioners that since mother of the respondent has completed 40 years of age, her name is removed from the wait list maintained for grant of such appointment. A request of the respondent for substitution was also not considered, hence, the grievance was raised in the Original Application before the learned Tribunal.

3.

The learned Tribunal vide impugned order dated 16.3.2023, allowed the Original Application and directed the petitioners to enter name of the respondent in the waiting seniority list and provide employment as per rules.

4.

In view of the Full Bench Judgment of this Court in Writ Petition No. 3701/2022 (Kalpana wd/o Vilas Taram and ors Vs. State of Maharashtra and others), we are of the opinion that no perversity or illegality has been committed by the learned Tribunal in passing the impugned order dated 16.3.2023. Accordingly, petition is dismissed. (RAJNISH R. VYAS, J) (ANIL S. KILOR, J) Belkhede, PS