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Bombay High CourtWP/448/2026disposed off

The Chief Officer Rahuri Municipal Council v. Chief Secretary Ahmednagar District Nagarpalika Kamgar Union And Others

2026-02-18Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

937-wp-448-2026.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 448 OF 2026 The Chief Officer Rahuri Municipal Council

VERSUS

Chief Secretary Ahmednagar District Nagarpalika Kamgar Union And Others ...

Advocate for the Petitioner : Mr. Naiknavare Ramesh Vitthal Advocate for Respondent No.3 : Mr. Parag V. Barde ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : FEBRUARY 18, 2026 PER COURT :- 1.

Heard Mr. Naiknavare, learned advocate appearing for petitioner and Mr. Barde, learned advocate appearing for respondent no.3.

2.

Mr. Naiknavare submits that learned Industrial Court directed respondent's appointment on compassionate ground dehors condition for such appointment incorporated under various government resolutions. He would submit that a waiting list has to be maintained for appointment on compassionate ground. There are many other claims for such appointment and despite seniority of claims, impugned directions are issued.

3.

Mr. Barde, learned advocate appearing for respondent no.3 submits that respondent's claim was not for compassionate appointment, but it was for appointment on the basis of Lad-Page

937-wp-448-2026.odt (2) Committee Report and consequential government policy in place. Therefore, order impugned need not be disturbed. 4.

Perusal of reasons adopted by Industrial Court in impugned order depicts that claim of respondent no.3 for appointment is considered as if he is claiming appointment on compassionate ground. There is inconsistency in nature of claim raised and consequential order passed by Industrial Court, which requires consideration in detail.

5.

At this stage, Mr. Barde seeks permission to file appropriate application to incorporate necessary amendment in complaint that was filed before Industrial Court so that genuine claim of respondent shall not be frustrated.

6.

In that view of matter, stand over to 04.03.2026. (S.G. CHAPALGAONKAR, J.) Mujaheed//