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Bombay High CourtWP/6776/2024disposedoff

Karan Giridhar Wannewar And Another v. The State Of Maharashtra, Thr. Secretary, General Administration Devpt., Mumbai And Another

2026-04-02Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande3 pages

2026:BHC-NAG:5348-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6776 OF 2024 Karan Giridhar Wannewar and another -Vs.- The State of Maharashtra and another ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.G.O.Gadge, Adv. Mr.P.S.Kshirsagar, Adv. for the petitioners. Ms D.I.Charlewar, AGP for the respondent-State. Mr.B.N.Jaipurkar, Adv.for the respondent No.2. CORAM : SMT. M. S. JAWALKAR & NANDESH S.DESHPANDE, JJ.

DATE : 2ND APRIL, 2026 P.C.

Heard the learned counsel for the parties.

2.

It is contention of the petitioners that father of petitioner No.1 and the husband of petitioner No.2 Late Giridhar Marotirao Wannewar was serving as Gram-Sevak at Panchayat Samiti Korpana and expired on 20/12/2010 while in service. The petitioner No.2 namely Vandana Wannewar made an application dated 17/01/2011 to respondent No.2Chief Executive Officer, Zilla Parishad Chandrapur for seeking appointment on compassionate ground. Her name was included in the waiting list for compassionate appointment at Sr.No.85. As she was not recruited on any post whatsoever, she made a representation on 05/08/2015 requesting that her name in the waiting list be substituted with that of her son

2/3 namely Karan Giridhar Wannewar (petitioner No.1). Her request came to be rejected on the ground that there is GR that once a name of eligible family member is included in the waiting list for compassionate appointment, it cannot be replaced with the name of another heir of the deceased employee vide order dated 28/07/2022.

3.

The learned counsel for the petitioners placed reliance on the decision of this Court in Writ Petition No.3701 of 2022 (Kalpana wd/o Vilas Taram and another v. The State of Maharashtra and others) and other connected matters, wherein while answering to that question under reference, it is held that "Seeking substitution of the name of another member in place of a member who has applied, on account of crossing the age limit of 45 years is not contrary to the object and purpose for which compassionate appointment must be granted". The learned counsel for the respondents also concede this position.

4.

In view of above, we are inclined to allow the present petition and accordingly pass the following order.

ORDER

(i) The petition is allowed.

(ii) The order dated 28/07/2022 passed by the respondent No.2-Chief Executive Officer, Zilla Parishad Chandrapur is hereby quashed and set aside.

(iii) The respondent No.2-Chief Executive Officer, Zilla Parishad Chandrapur is hereby directed to substitute the name of petitioner No.1-Karan Giridhar Wannewar in place of

3/3 petitioner No.2-Vandana Giridhar Wannewar in the waiting list prepared for granting compassionat appointment within a period of two weeks from today.

(iv) The petition stands disposed of in the above terms. No costs.

(NANDESH S.DESHPANDE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 06/04/2026 18:35:47