Bombay High CourtWP/6092/2024dismissed

Taru Mahendrakumar Baladhare And Another v. State Of Maharashtra, Thr. Secretary, Rural Development And Panchayat Raj Dept., Mumbai And ORS

2024-10-11Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp6092.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 6092 OF 2024 ( Taru Mahendrakumar Baladhare and other ..vs.. State of Maharashtra, through its Secretary, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. P.S. Kaware, Counsel for the petitioners, Mr. I.J. Damle, A.G.P. for respondent Nos.1 and 2. CORAM : BHARATI DANGRE & ABHAY J. MANTRI, JJ.

DATE : 11-10-2024 The petitioners seek quashing of the communication dated 09-9-2024 passed by the Deputy Chief Executive Officer, Zilla Parishad, Chandrapur, informing petitioner No.2 that the name of petitioner No.1 cannot be included in the list maintained for effecting appointment on compassionate ground as there is no provision substituting the name. The learned Counsel for the petitioners has placed reliance upon the decision of the Full Bench of this Court in the case of Kalpana wd/o Vilas Taram and another V. The State of Maharashtra and others (Writ Petition No.3701/2022) and other connected writ petitions, and it is a specific submission that the impugned order cannot be sustained in the eyes of the said Full Bench decision. The learned Assistant Government Pleader concedes to the said fact, however, as the communication dated 09-9-2024 is issued by respondent Nos.3 and 4, we deem it

2 wp6092.24 appropriate to issue notice to respondent Nos.3 and 4, by making the same returnable on 22-10-2024.

Hamdast granted.

In addition to regular mode of service, the petitioners are also permitted to serve the respondents by private mode of service.

(ABHAY J. MANTRI, J.) (BHARATI DANGRE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 11/10/2024 16:49:33